26-4276 Flooring and Trim Replacement RFQ_.pdf

SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION

REQUEST FOR QUOTE

Flooring and Trim Replacement Control No. 26-4276

Prepared by: Erika Blocker

SMART

Procurement Department-Buhl Building 535 Griswold Street, Suite 600 Detroit, MI 48226

Return to Attention of:

Erika Blocker Senior Purchasing Agent bids@smartbus.org

RFQ Control Number: 26-4276 RFQ Due Date: 3:00 PM ET Wednesday, October 1, 2025

VENDOR NAME: _____________________________________________________

REPRESENTATIVE NAME: _____________________________________________

STREET ADDRESS: ___________________________________________________

CITY, STATE, ZIP: ____________________________________________________

PHONE: _______________________ EMAIL: _______________________________

mailto:bids@smartbus.org i

TABLE OF CONTENTS

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 INTRODUCTION AND SMART CONTACT INFORMATION

1.02 TERM OF THE CONTRACT

1.03 SCOPE OF WORK/TECHNICAL SPECIFICATIONS AND OBJECTIVE

2.00 SOLICITATION PROCEDURES

2.01 SOLICITATION SCHEDULE

2.02 PRE-QUOTE CONFERENCE

2.03 OFFEROR COMMUNICATIONS

2.04 REQUESTS FOR CLARIFICATION, COMMUNICATIONS AND APPROVED EQUALS

2.05 ADDENDA TO THE RFQ

2.06 QUOTE CONTENT REQUIREMENTS AND QUOTE SUBMISSION

2.07 MODIFICATION OR WITHDRAWAL OF QUOTES

2.08 QUOTE EVALUATION

2.09 QUALIFICATION REQUIREMENTS

2.10 DETERMINATION OF LOW OFFER

2.11 NOTICE OF INTENT TO AWARD, AND CONTRACT AWARD

2.12 PROTESTS

3.00 REQUIRED FORMS AND SUBMISSIONS

3.01 PRICING SCHEDULE

3.02 ACKNOWLEDGEMENT OF ADDENDA

3.03 OFFER AND AWARD

3.04 REQUEST FOR CLARIFICATION, COMMUNICATIONS AND APPROVED EQUALS

3.05 COMPLIANCE WITH LAWS AND REGULATIONS

3.06 EEO / AFFIRMATIVE ACTION COMPLIANCE

3.07 DEBARMENT AND SUSPENSION CERTIFICATION

3.08 ‘BUY AMERICA’ CERTIFICATION

3.09 LOBBYING CERTIFICATION

3.10 CONFLICT OF INTEREST CERTIFICATION

3.11 OFFEROR AND SUBCONTRACTOR CERTIFICATIONS

3.12 DAVIS BACON ACT / MICHIGAN PREVAILING WAGE ACT

3.13 RESERVED

3.14 RFQ CHECKLIST

4.00 GENERAL CONTRACTUAL PROVISIONS

4.01 CONTRACT, CONTRACT DOCUMENTS, AND CONFLICTS

4.02 AMENDMENTS

4.03 CHANGE ORDERS

4.04 QUOTE AND QUOTE OMISSIONS

4.05 GOVERNING LAW AND PARTIES; VENUE AND DISPUTES

4.06 NONDISCRIMINATION

4.07 PRICE ADJUSTMENT FOR REGULATORY CHANGES

4.08 PAYMENT AND RETAINAGE

4.09 CANCELLATION OF PROCUREMENT

4.10 INDEMNIFICATION

4.11 RECORDS

4.12 TERMINATION OR SUSPENSION FOR CONVENIENCE

ii

4.13 TERMINATION OR SUSPENSION FOR DEFAULT

4.14 SMART’S RIGHT TO DO WORK

4.15 CONFIDENTIALITY OF QUOTES

4.16 SUCCESSION, ASSIGNMENT, AND SUBCONTRACTING

4.17 SURVIVABILITY AND SEVERABILITY

4.18 WAIVER

4.19 INCORPORATION OF RFQ DOCUMENT

4.20 WARRANTY

4.21 ELECTRONIC SIGNATURE

5.00 REQUIRED SUBMISSIONS FOR SELECTED VENDOR(S) AFTER NOTICE OF INTENT TO

AWARD

6.00 ADDITIONAL CONTRACTUAL PROVISIONS

6.01 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

6.02 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS & RELATED ACTS

6.03 ACCESS TO RECORDS AND REPORTS

6.04 FEDERAL CHANGES

6.05 CIVIL RIGHTS REQUIREMENTS

6.06 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS

6.07 ENERGY CONSERVATION REQUIREMENTS

6.08 DISTRACTED DRIVING AND SEAT BELT USE

6.09 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

6.10 PRIVACY ACT

6.11 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

6.12 BUY AMERICA REQUIREMENTS

6.13 NOTIFICATION OF DISPUTES AFFECTING FEDERAL GOVERNMENT INTERESTS

6.14 LOBBYING

6.15 CLEAN AIR

6.16 CLEAN WATER REQUIREMENTS

6.17 RESERVED

6.18 RESERVED

6.19 DAVIS-BACON ACT AND COPELAND ANTI-KICKBACK ACT

6.20 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

6.21 RESERVED

6.22 RESERVED

6.23 RESERVED

6.24 RESERVED

6.25 RESERVED

6.26 RESERVED

6.27 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

6.28 RECYCLED PRODUCTS

6.29 PREFERENCE FOR UNITED STATES MATERIALS

6.30 RESERVED

6.31 RESERVED

6.32 HUMAN TRAFFICKING STATEMENT

1.00 INTRODUCTION AND STATEMENT OF WORK

1.01 Introduction and SMART Contact Information

This Request for Quote (RFQ) is being solicited by the Suburban Mobility Authority for Regional Transportation (SMART), a public transportation authority in southeast Michigan that serves more than 10 million passengers annually. Public procurement essentially operates in an environment where full and open competition is the primary goal or aspiration and, in many cases, is a mandate.

This project is utilizing Federal funds. A necessary part of the required documentation would be compliance to all the mandated Federal Clauses and Certifications. Please return all required Federal Clauses and Certifications with quotation to SMART for compliance determination before an award can be made.

1.02 Term of the Contract

The Suburban Mobility Authority for Regional Transportation (SMART) is interested in awarding a contract for the one-time purchase of flooring and trim replacement in designated areas at each SMART terminal/facility listed below. This procurement does not include any renewal options, and no additional commitments beyond this purchase will be made.

1.03 Scope of Work/Technical Specifications and Objective

SMART is soliciting competitive quotes from qualified vendors to award a contract for flooring and trim replacement at the following SMART locations:

• Hein Building: 22700 E. 15 Mile Rd., Clinton Twp., MI 48035

• Oakland Terminal: 2021 Barrett Street, Troy, MI 48084

• Royal Oak Transit Center (ROTC): 202 Sherman Drive, Royal Oak, MI 48067

• Wayne Terminal: 30000 N. Industrial Drive, Inkster, MI 48184

Request for Quote (RFQ) Title: Flooring and Trim Replacement RFQ Control Number: 26-4276 Date Advertised: Wednesday, September 10, 2025 Date Issued: Wednesday, September 10, 2025 Due Date, Time, and Location: Wednesday, October 1, 2025 Time 3:00 PM Easten Time

Location See Section 2.06: Instructions for Electronic Submission

Purchasing Agent: Erika Blocker E-mail Address: eblocker@smartbus.org Telephone Number: (313) 223-2141 Manager of Contracts and Procurement: Caleb Barrett Project Manager: Michael Pousak mailto:eblocker@smartbus.org

At the direction of SMART’s Building and Facilities Manager, Michael Pousak (mpousak@smartbus.org) the Contractor shall furnish all labor, tools, materials, minor supplies, equipment, supervision, insurance, permits, off-site disposal, travel, mileage, and any other necessary incidentals to complete the work described herein.

General Description of Work

The Contractor shall:

• Furnish and install new Luxury Vinyl Tile (LVT), carpet, and epoxy flooring in designated areas.

• Remove existing flooring and molding.

• Field-verify all dimensions prior to installation.

• Contractor shall haul away all debris off-site daily in accordance with all applicable local, state, and federal environmental regulations. Disposal shall be conducted in a manner that prioritizes sustainability, including recycling or reusing materials whenever feasible, and ensuring proper handling of any hazardous or restricted waste.

Job Site Preparation and Conditions

• All substrates must be dry, clean, smooth, and free from contaminants such as paint, varnish, wax, oils, solvents, and adhesives.

• Existing adhesive residue must be removed to leave no ridges or puddles—only a thin, smooth film should remain.

• All work is to be performed during normal business hours.

• Contractor is responsible for all measurements and material quantities.

Installation Specifications

a. Luxury Vinyl Tile, Carpet and Epoxy Installation

• Installation method shall be glued down, unless otherwise approved (Luxury Vinyl Tile and Carpet). Industry standards must be followed for all installations, including epoxy.

• Adhesives must be compatible with the specific flooring material used.

b. Acceptable Substrates Include:

• Concrete

• Existing resilient sheet flooring

• Approved suspended wood

• Vinyl composition tile (VCT)

• Ceramic, terrazzo, and marble (suspended only)

• Polymeric poured seamless floors

• Steel, stainless steel, aluminum

• Asphalt, rubber, lead, copper, brass, bronze

Worksite Conditions & Conduct

• Contractor must provide MSDS sheets for all chemicals to SMART’s Facilities Manager prior to commencement.

mailto:mpousak@smartbus.org

• Contractor must confine work to specified areas; any damage to non-work areas must be repaired at the Contractor’s expense.

• Work must not interfere with the normal operation of SMART facilities.

• Contractor must notify SMART of any observed pre-existing damages prior to flooring.

Failure to do so may result in liability for those damages.

• Contractor shall not leave any tools or materials unattended.

Personnel and Equipment

Contractor shall:

• Employ only qualified and skilled personnel

• Provide all required equipment and tools, including lifts, ladders, scaffolding, etc.

• Utilize proper installation methods to ensure quality results.

• Correct any substandard work at no additional cost to SMART.

Delivery and Staging

• Materials and equipment may be stored on-site at the Contractor’s risk.

• Contractor is solely responsible for public health and safety related to stored materials.

• All materials must be delivered unopened in the manufacturer’s original packaging.

• All remnants and waste must be removed off-site daily.

• Upon project completion, all equipment and materials must be immediately removed.

Materials and Approvals

• The Contractor shall submit samples of all proposed flooring materials, finishes, and related products to SMART for review and written approval prior to procurement or installation.

• All materials and finishes must be approved by SMART in advance. No materials shall be ordered or installed without prior written consent.

• SMART reserves the right to select all final colors, finishes, textures, and materials to ensure consistency with project design standards and operational requirements.

• Submitted samples shall be representative of the exact materials to be used, including color, texture, and quality.

Price Proposals/Pricing

• The price proposal must include:

• Firm-fixed price for the work to be performed as described in the agreement at the specified locations listed in Section 3.01, Pricing Schedule.

Contractor Communication & Access

• Contractor must contact the Facilities Manager four (4) days prior to beginning any work.

• Contact: Michael Pousak, (248) 419-7927, mpousak@smartbus.org

• Contractor must check in and out daily with SMART’s on-site representative.

• Contractor must:

• Indicate areas to be serviced before work begins each day

• Identify completed work areas at the end of each day for SMART’s inspection

Schedule Adherence and Performance

• The Contractor shall strictly adhere to the approved start and completion dates as specified in the project schedule, to be determined between SMART’s Facilities Manager and Contractor. Delays will not be permitted without prior written approval from SMART.

• Failure to report to the job site on two (2) separate, scheduled occasions without prior notice may be considered a default and may result in termination of the contract at SMART’s sole discretion.

• If any scheduling conflicts or issues arise, the Contractor is required to immediately notify SMART’s Facilities Manager, Michael Pousak, at (248) 419-7927 or via email at mpousak@smartbus.org.

2.00 SOLICITATION PROCEDURES

2.01 Solicitation Schedule

Pre-Quote Conference (if applicable) (Section 2.02):

10:00 AM Eastern Time Wednesday, September 17, Requests for Clarification, Communications and Approved Equals Deadline (Section 2.04):

3:00 PM Eastern Time Monday, September 19, 2025

Quote Due Date & Time (Section 1.01): 3:00 PM Eastern Time Wednesday, October 1, 2025

2.02 Pre-Quote Conference

A Pre-Quote Conference (including a site visit if applicable) will be held on the above date and time beginning at Macomb Terminal 22700 15 Mile Rd. Clinton Township, Michigan 48035. The project will be discussed at the meeting; however, no statement should be viewed as modifications to the RFQ unless issued as addenda. Attendance is encouraged but it is not mandatory. We will tour each SMART facility where work is to be done. Please allocate time for this.

A Pre-Quote Conference will not be held.

2.03 Offeror Communications

During the solicitation process, all forms of contact and correspondence in regard to any aspect of this solicitation shall only be with the Purchasing Agent identified in Section 1.01. Further, this Offer must be made based upon an independent price determination, and Offeror shall not have communication with others for the purpose of restricting competition. Any alleged breach of this Section may, at SMART’s sole discretion, result in the rejection of the breaching Offeror’s Quote.

2.04 Requests for Clarification, Communications and Approved Equals Whenever brand, manufacturer, or product names are used, they are included for the purpose of establishing a description of the item. This inclusion is not advocating or prescribing the use of a particular brand, item, or product. Whenever such names appear, request(s) for approved equal substitutions will be considered. Offeror's request(s) for approved equals shall include all aspects of product which would document the products salient features.

At any time before the Requests for Clarification, Communications and Approved Equals Deadline (See Section 2.01), the Offeror may request clarification, interpretation, further explanation of any portion of this RFQ, or approval of an item that deviates from the specifications stated in the RFQ.

For every approved equal requested, the bidder shall demonstrate the quality of its product to SMART and shall furnish sufficient technical data, test results, or other information that SMART shall require, enabling SMART to determine whether the bidder's product is or is not equal to that specified. All such requests shall be submitted on Requests for Clarification, Communications and Approved Equals form(s), as provided in Section 3.04.

All such Requests for Clarification, Communications and Approved Equals, along with SMART’s response(s) will be issued as addenda and made available to all prospective bidders. Approval, denial, and any other response(s) to requests are in the sole discretion of SMART.

SOLICITATION PROCEDURES

2.05 Addenda to the RFQ

SMART reserves the right to amend the RFQ at any time prior to the Quote Due Date. Any such amendments will be issued as addenda to the RFQ and will become part of the RFQ. Addenda will be posted exclusively on the MITN website, www.mitn.info. All Offerors shall acknowledge the receipt of all addenda in their Quote. Failure to do so may result in the rejection of an Offeror’s Quote, at SMART’s sole discretion.

2.06 Quote Content Requirements and Quote Submission

All proposals in response to this solicitation issued by Suburban Mobility Authority for Regional Transportation (SMART), must be submitted electronically via Bidnet Direct (MITN) at www.bidnetdirect.com or by email at bids@smartbus.org by October 1, 2025, 3:00 PM ET.

Physical submissions will not be accepted.

Vendors must be registered with Bidnet Direct to view, download, and submit bids/proposals/quotes should they choose to use Bidnet Direct for their submission. Registration is available at no cost at the following link: www.bidnetdirect.com.

If a vendor uses Bidnet Direct, it is the sole responsibility of each vendor to ensure that its electronic bid submission is completed and successfully uploaded to Bidnet Direct prior to the submission deadline indicated in the solicitation. Late submissions will not be accepted.

By submitting a proposal through Bidnet Direct, the vendor agrees to all terms and conditions of the solicitation and the electronic submission process.

For technical support with the Bidnet platform, vendors may contact Bidnet Direct at support@bidnet.com or call 800.835.4603.

SMART will also accept email submissions. See below for email submission instructions:

1. Email to: bids@smartbus.org

2. Subject Line: SMART RFQ No. 26-4276 Response – COMPANY NAME

3. Please number all pages of your document.

4. If your submission requires more than one email, please include behind your company name “Email 1 of 2” or “Email 2 of 2,” whatever applies.

5. Please note, all requirements and due date requirements will remain in place. Your electronic submission must arrive in the bids@smartbus.org email by 3:00 PM ET, October 1, 2025, 3:00 PM ET, should you choose to email your submission.

If any issues should arise when submitting your bid, contact the purchasing agent via email at eblocker@smartbus.org at least 2 hours prior to the cut off time. If you do not receive receipt acknowledgement of your submission, please contact the purchasing agent

2.07 Modification or Withdrawal of Quotes

A modification of a quote already received will be accepted by SMART only if the modification is received prior to the quote Due Date, is requested by SMART, or is made in response to a request for revised quote. All modifications shall be made in writing and executed and submitted in the same form and manner as the original quote.

An offeror may withdraw a quote prior to the quote Due Date by submitting to SMART a written request for withdrawal executed by the offeror’s authorized representative. The withdrawal of a quote does not prejudice the right of an offeror to submit another quote within the time set for receipt of quotes.

http://www.bidnetdirect.com/ mailto:bids@smartbus.org http://www.bidnetdirect.com/ mailto:support@bidnet.com mailto:bids@smartbus.org mailto:bids@smartbus.org mailto:eblocker@smartbus.org

2.08 Quote Evaluation

Quotes will be evaluated and selected using the criterion and processes explained herein. In addition to disqualifying proposers and/or Quotes based upon this process, SMART may, in its sole discretion, reject any or all Quotes or offerors for any reason. Additionally, offerors are hereby on notice that the lowest dollar cost bidder may not always be awarded a contract. Any and all Deviations, Clarifications, reservations, and additional or contradictory terms included in a quote may result in its rejection, at SMART’s sole discretion. Further, SMART reserves the right to waive minor defects or irregularities in any Quote.

2.09 Qualification Requirements

Quotes are first evaluated, as a threshold requirement to conduct business with SMART, to determine the responsibility of Offerors. If it is found that an offeror does not meet these requirements, that offeror is deemed non-responsible and their Quote will be excluded from consideration for Quote award. This determination is made in the sole discretion of SMART. Responsibility requirements are as follows:

A. Sufficient financial strength and resources and capability to finance the work to be performed and complete the contract in a satisfactory manner as measured by one of the following:

1. Offeror's financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant authorized to practice in the jurisdiction of either SMART or the offeror. If offeror does not have audited or reviewed financial statements, offeror may provide complete copies of the prior two year’s signed federal tax returns.

2. Ability to secure required bond(s), if required under the bonding requirements described herein.

3. Willingness of any parent company to provide the required financial guaranty evidenced by a letter of commitment signed by an officer of the parent company having the authority to execute the parent company guaranty. Such letter of commitment must be accompanied by the parent company’s financial statements prepared in accordance with United States Generally Accepted Accounting Principles (GAAP) and audited or reviewed by an independent certified public accountant.

It should be noted that this information is requested for internal evaluation purposes only, and like any other information which forms part of a proposer's submission, it will be held in strict confidence. However, once a proposer is selected, some or all the information submitted may be subject to the Freedom of Information Act, unless it qualifies as an exemption. If you would like anything kept confidential, please mark the materials as such.

Those materials will be returned to any proposers not selected. The materials of the selected vendor must be kept on file with SMART as part of the contract, however, in the event of a FOIA request, SMART will promptly notify the vendor and allow it the opportunity to seek judicial relief.

B. Evidence that the human and physical resources of the Offeror are sufficient to perform the Contract as specified and assure delivery of all equipment and/ or services within the time specified in the Contract. Examples of ways to demonstrate this are as follows:

1. Evidence of sufficient personnel staffing levels with sufficient skills, training, expertise, to complete the Contract as required and satisfy any circumstances that may arise during the Contract;

2. Evidence of sufficient equipment to complete the Contract as required and satisfy any circumstances that may arise during the Contract.

C. Evidence of satisfactory performance and integrity on past and current contracts.

Examples of ways to demonstrate this are as follows:

1. References from past and current clients;

2. Awards and accolades based upon similar past and current projects;

3. Prior contractual successes with SMART.

D. Compliance with all Equal Employment Opportunity laws and regulations. This may only be evidenced by proper completion of Form 3.06, “EEO / Affirmative Action Compliance”.

E. Federal Disadvantaged Business Enterprise requirements. This may only be evidenced by proper completion of Form 3.11, “Disadvantaged Business Enterprises”.

2.10 Determination of Low Offer

If a Quote has been determined to meet all Qualification Requirements set forth in Section 2.09, conforms to the Scope of Work set forth in Article 1.00, and is not otherwise rejected pursuant to RFQ terms, it is then evaluated based upon pricing. Based upon the terms, conditions, and limitations set forth within the RFQ, the lowest priced conforming quote from an eligible Offeror will be the selected quote if the RFQ is for multiple line items, SMART reserves the right to award contracts for individual line items if it is in the best interest of SMART to do so.

2.11 Notice of Intent to Award, and Contract Award

Once SMART has determined the Offeror to which it intends to award the Contract, a Notice of Intent to Award letter will be sent to that Offeror requesting all Required Submissions, which are listed in Section 5.00, “Required Submissions for Selected Vendor(s) After Notice of Intent to Award”. Failure to submit satisfactory documents within ten (10) business days may result, at SMART’s sole discretion, in the contract being awarded to an alternative offeror. These documents must be accepted prior to initiation of work under the Contract. The Notice of Intent to Award does not bind SMART and is not acceptance of the Offer.

The acceptance of an Offer for award, if made, shall be evidenced only by a fully executed Offer and Award Form, Form 3.03, delivered in person, by mail, or electronically to the Offeror whose Offer is accepted. No other act by SMART shall evidence acceptance of an Offer. Such notice shall obligate said Offeror to commence performance under the Contract.

2.12 Protests

Interested parties that believe they have been aggrieved by solicitation, or the award of any resulting contract may file a written notice of protest with the General Manager of SMART. This must be via certified mail, with a copy served upon SMART’s General Counsel in the same manner.

The General Manager or their designee shall review and determine the merits of any such protest.

The General Manager may, at their sole discretion, schedule a hearing on the protest and/or receive evidence or legal argument from any interested party, but shall not be bound by the rules of evidence nor formal procedure. The General Manager shall issue their conclusion to the protesting party in writing via certified mail and shall also advise the SMART Board of Directors.

An “interested party” is a party that is an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or failure to award the third-party contract at issue. A subcontractor is not an interested party.

Protests addressing the adequacy of the solicitation process, and all solicitation documents, must be received by the General Manager no later than five (5) business days before the Proposal Due Date (See Section 1.01). Notice of protest of the award of a solicitation must be received by the General Manager no more than five (5) business days after the SMART Board of Directors has authorized the General Manager to award a contract(s) for that solicitation. Failure to adhere to these time limitations will result in the protested issue(s) being waived by all parties. All determinations made by the General Manager are final.

REQUIRED FORMS

3.00 REQUIRED FORMS AND SUBMISSIONS

Forms 3.01-3.14 must be completed and included in the Offeror’s Response to the RFQ, even though some may not seem to apply to this solicitation. Failure to complete any of these forms may result, at SMART’s sole discretion, in the rejection of that Quote.

Article 5.00, Required Submissions for Selected Vendor after Notice of Intent to Award, details all submissions the successful Offeror must produce before being awarded the Contract. When SMART has chosen an Offeror to which it intends to award the Contract, a Notice of Intent to Award letter, see Section 2.11, will be sent to the recommended vendor and will require all submissions prior to the award of the Contract.

3.01 Pricing Schedule

The Offeror hereby offers to furnish to SMART all goods and/or services at the prices as proposed below, pursuant to all requirements, terms, and conditions as stated in the RFQ and response.

Rates provided must be inclusive of all costs and fees, including but not limited to those fees imposed by Federal, State, and local governments. No additional fees will be accepted.

Proposed pricing shall remain valid for a period of ninety (90) days following the solicitation due date. Upon award, all pricing shall be firm and not subject to change for the duration of the contract term.

Location Area

Description Floor Type

Sq.

Ft.

Price per Sq.

Ft. Total Cost

Hein Building Portion of Common

Area

LVT 390 $ $

Hein Building Common Area + 9 Offices

Carpet 1,577 $ $

Wayne Terminal Office of VP

QA &

Training

Epoxy 448 $ $

Royal Oak Transit Center (ROTC) Bathroom LVT 81 $ $

Royal Oak Transit Center (ROTC)

Backroom Common Area and

Office

Carpet 741 $ $

Oakland Terminal

Entire Training Room

Epoxy 1,728 $ $

TOTAL $

NAME OF OFFEROR: __________________________________

3.02 Acknowledgement of Addenda

Addenda are published on the Michigan Intergovernmental Trade Network website, www.mitn.info. Failure to acknowledge all addenda may result in rejection of any such Quote, at SMART’s sole discretion.

The Offeror acknowledges receipt of the following addenda. If the RFQ No. 26-4276 did not have any addenda, please submit this form filled out as “NOT APPLICABLE”.

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Addendum Number __________________, Dated _______________

Name of Offeror: _____________________________________

Signature Of Offeror’s Authorized Official: _______________________________ __________

Name And Title of Offeror’s Authorized Official: ________________________________________ http://www.mitn.info/

3.03 Offer and Award

By executing below, the Offeror hereby offers to furnish equipment and services as proposed, pursuant to all requirements, terms, and conditions as stated in the RFQ and response, and incorporated in SMART’s Request for Quote No. 26-4276. Offeror stipulates that all terms of the Contract are negotiated, and that the consideration for this Contract is real and not merely a recital. This Contract is valid and enforceable with electronic, facsimile, and mechanically reproduced signatures, and if separately countersigned. This Offer shall remain open and valid until the award of this Contract, or until the withdrawal of this solicitation, whichever is greater.

Offer: Company Name: _________________________

Street Address: _________________________

City, State, Zip: _________________________

Legal Entity (Check One): ☐Individual / Sole Proprietor ☐C Corporation ☐S Corporation ☐Partnership ☐Trust / Estate ☐Limited Liability Company

State of Incorporation: _________________________

Tax ID Number: _________________________

Name of Authorized Official: _________________________

Signature of Offeror’s Authorized Official: _________________________

Name and Title of Offeror’s Authorized Official: _________________________

Date: _________________________

By executing below, SMART accepts the Offer as indicated above.

Award:

Name and Title of SMART Official

Signature Date

3.04 Request for Clarification, Communications and Approved Equals

This form must be used to request clarification, communication or approval of items equal to items with specified brand names. This form must be submitted by the Requests for Clarification, Communications and Approved Equals Equal Deadline, noted in Section 2.01. Each request must be submitted on a separate form. Multiple requests on the same form will not be answered. Attach additional pages if necessary. If Offeror has no Requests for Clarification, Communications or Approved Equals, please submit this form filled out as “NOT APPLICABLE”.

RFQ Control Number: 26-4276 Request Number:

Request for Clarification, Communications or Approved Equal Regarding RFQ Section:

Clarification, Communications or Approved Equal:

Reason/Rationale for Request:

NAME OF OFFEROR: ____________________________

SMART Response:

3.05 Compliance with Laws and Regulations

By signing below, Offeror certifies compliance with all applicable Federal, state, county, and local laws, regulations, ordinances, and codes in the performance of the Contract.

Additionally, Offeror certifies compliance with all FTA terms, including but not limited to FTA Circular 4220.1G as amended, which are hereby incorporated as applicable and consistent with current laws and regulations. Offeror is responsible for the procurement of all required permits and licenses. Offeror further certifies compliance with all changes to the aforementioned laws, regulations, ordinances, codes, policies, etc., throughout the term of the Contract. Offeror additionally certifies that it is not an Iran-linked business as set forth in the Iran Economic Sanctions Act, M.C.L. 129.311 et seq.

Offeror acknowledges and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Offeror, Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

Finally, Offeror shall determine whether any or all of the aforementioned requirements apply to any or all subcontractors and certifies compliance by any affected subcontractors.

Offeror hereby certifies compliance with all laws and regulations in the performance of this Contract.

Name of Offeror: _____________________________

Signature of Offeror’s Authorized Official: _____________________________

Name and Title of Offeror’s Authorized Official: _____________________________

Date: _____________________________

3.06 EEO / Affirmative Action Compliance

SMART only conducts business with Offerors who are Equal Opportunity Employers. Offerors must complete this form regarding compliance. Offerors must comply with SMART’s nondiscrimination requirements as set forth in Section 4.06, “Nondiscrimination” and Section 6.05 “Civil Rights Requirements”.

Additionally, certain contractors that are awardees of federally funded contracts are required to file affirmative action plans with government agencies as set forth in 41 C.F.R. Chapter 60 for purposes of compliance with the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. Please note that while Offeror may receive funds from, and provide transit-related employees to, other FTA direct and sub-recipients, this should not be considered when answering the questions below. To assist SMART in determining whether Offeror is required to have such a plan on file, please answer the following questions:

1. Does Offeror employ over fifty (50) transit-related employees1 at SMART? ____ Yes ____ No

2. Has Offeror completed in excess of $1,000,000 in contracts with SMART in the past year? ____ Yes ____ No

If Offeror answered “Yes” to both questions, please provide SMART with a copy of your Affirmative Action Plan and state below which government agency currently has Offeror’s Affirmative Action Plan on file:

Offeror hereby affirms compliance with all Equal Employment and applicable Affirmative Action requirements as required by law and as set forth herein.

Name of Offeror: _________________________

Should you have any questions or concerns regarding the completion of this form, or compliance provisions set forth herein, please contact:

Candice Fowler, Civil Rights and External Drug and Alcohol Compliance Manager

Buhl Building, Suite 600 535 Griswold Detroit, MI 48226 Phone: (313) 223-2167 cfowler@smartbus.org

1 Transit-related employee refers to an employee of an FTA applicant, recipient, subrecipient, or contractor who is involved in any aspect of an agency’s public transit operation funded by FTA. 49 C.F.R. 4704.1a Sections 1.4 and 1.6.

mailto:cfowler@smartbus.org

3.07 Debarment and Suspension Certification

Certification of Primary Participation Regarding Debarment, Suspension and Other Responsibility Matters

Offeror certifies, to the best of its knowledge and belief, that it and each of its principals:

1. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency;

2. Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him, her for or it commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph 2 of this certification;

4. Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default.

The certification in this clause is a material representation of fact relied upon by SMART. If it is later determined that the bidder or proposer provided an erroneous certification, in addition to remedies available to SMART to terminate or suspend the contract arising from this solicitation, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 48 C.F.R. Part 9 and 2 C.F.R. Part 180 and any other disclosures required in this Section while this offer is valid and throughout the period of any contract that may arise from this offer, and has the affirmative obligation to notify SMART in writing to the contracting officer and the SMART General Manager by Certified Mail, of any events or circumstances that come into existence that would necessitate a change in, or a withdraw of, the certifications set forth in this section. The bidder or proposer further agrees to include a provision requiring such compliance in its lower-tier-covered transactions.

3.08 ‘Buy America’ Certification

For all applicable Offers exceeding $150,000, this form must be submitted to ensure that the Offeror is in compliance with the requirements of Buy America legislation, 49 U.S.C. 5323(j)(1), and the regulations implementing this legislation as outlined in 49 C.F.R. 661.5. If Proposal does not exceed $150,000, or is not for construction, rolling stock, steel, iron, or manufactured goods, please submit this form filled out as “NOT APPLICABLE”.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

Contractor or Offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and all applicable regulations in 49 C.F.R. Part 661.

Date_______________________________________________________________________

Signature____________________________________________________________________

Company Name_______________________________________________________________

Title________________________________________________________________________

Contractor or Offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.

5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2) and 49 C.F.R. 661.7.

Date ___________________________________________________________________

Signature _____________________________________________________________________

Company Name __________________________________________________________

Title _________________________________________________________________________

3.09 Lobbying Certification

Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. 3801 et seq., apply to this certification and disclosure, if any.

3.10 Conflict of Interest Certification

Conflict of Interest Certification

No employee, officer or member of the Board of Directors of SMART shall solicit or be a party, directly or indirectly, to any contract between him/herself and any firm of which he/she is a partner, member or employee. Kinship shall extend to all parents, children, grandparents, grandchildren, uncles, aunts, first cousins, nephews or nieces whether related by marriage or blood.

The contractor shall indicate below the names and kinship between the officers and/or principal beneficiaries of the firm quoting on this solicitation and any SMART employee, officer or board member who may exercise any discretion over the letting, evaluating, awarding or administering of this solicitation and resulting contract:

PLEASE INDICATE ANY RELATIONSHIPS BELOW. IF NONE EXIST, please submit this form filled out as “NONE EXIST”.

Name_________________________________________ Kinship________________________

3.11 Offeror and Subcontractor Certifications

Program Overview

In accordance with 49 C.F.R. Part 26, and as further set forth in Contract Section 6.27, “Disadvantaged Business Enterprise”, as the recipient of federal funds, SMART sets an overall goal annually for DBE participation in contracts financed with federal funds. For professional services, construction, and non-construction contracts awarded during the federal government fiscal year 2019, SMART has proposed an overall DBE goal of 6.8%.

For federally funded contracts, SMART intends to meet the overall DBE goal by setting specific DBE goals on a contract-by-contract basis. Contract goals will be based upon the actual required types of work and the availability of DBEs to perform the required types of work. Specific contract goals will be set so that they will cumulatively result in meeting the portion of SMART’s overall goal that it projects it will not be able to meet through race-neutral means. Therefore, a DBE goal for a particular contract may be more or less than the annual overall DBE goal.

For additional information and to locate certified DBE vendors, please see the Michigan Uniform Certification Program (MUCP): https://www.michigan.gov/mdot/business/contractors/dbe.

DBE Goal for This Contract

The Suburban Mobility Authority for Regional Transportation (SMART) has set a goal of zero (0) percent for participation of Disadvantaged Business Enterprises (DBEs) in this contract.

Application of DBE Goal to Contract Value

The DBE contract goal is applicable to the full contract value, including any contract change orders or amendments. A DBE goal is also applicable during the entire term of the contract, including any extension periods.

Requirements to Meet DBE Goal

A firm meets a DBE goal by having actual DBE participation equaling or exceeding the percentage of the contract amount specified in the goal established for the solicitation, or by providing backup documentation that good faith efforts have been made to meet the established goal for this contract.

If a proposal is submitted with DBE participation at a lower percentage than the goal set for the contract, then the proposal must include sufficient written documentation of the “good faith efforts” the proposer made to meet the goal.

49 C.F.R. 26.53(c) provides that SMART cannot commit to contracting with a business that has not provided “complete and accurate and [adequate documentation] of the proposer’s good faith efforts” to meet a DBE goal. “Good faith efforts” must be made before the Proposal Deadline.

Definitions of DBEs and SBEs

Disadvantaged Business Enterprises (DBE) and Small Business Enterprises (SBE) are two different types of certifications. A company that qualifies may choose to become certified as both or choose to be certified as just one type of company. Not all SBEs qualify to be a DBE, but all DBEs would qualify as an SBE if they were to seek that certification. Due to DBE certification including the criteria that a socially and economically disadvantaged individual has at least a 51% interest and also control management and daily business operations; many small businesses do not qualify for DBE certification.

Offerors can only count work completed by DBE certified firms towards any DBE participation goals set on a SMART contract. Work completed by SBEs cannot be counted towards any contracts with a DBE participation goal. The Prompt Payment clause in this contract applies to both DBE and SBE subcontracted firms. An offeror is required to pay both DBE and SBE subcontractors no later than thirty (30) days from receipt of each payment the prime contractor receives from SMART.

Disadvantaged Business Enterprises (DBE): Are for-profit small businesses where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. For a business to become certified as a DBE, a small business must be owned and controlled by a socially and economically disadvantaged individual(s). In addition, it must receive DBE certification from one of the certifying agencies who are a member of the Michigan Uniform Certification Program (MUCP). Only companies certified as a DBE by an agency within the State of Michigan can be counted towards a SMART contract’s DBE participation percentage goal.

Small Business Enterprises (SBE): Are businesses that have been certified by a local and/or state government entity that have met the Small Business Administration’s (SBA) thresholds for being a small business. A business qualification is determined by the company’s average gross receipts or by the number of employees.

Note: To count towards the stated DBE goal, a firm must be certified as a DBE in the Michigan Unified Certification Program (MUCP). Firms certified as only a Small Business Enterprise (SBE) cannot be counted towards DBE participation.

Certified Small Business Enterprise (SBE) Certification

Indicate if your company or any of the subcontractor(s) that will be working on this contract are a certified Small Business Enterprise (SBE).

1) Are any of the companies you are subcontracting with a certified Small Business Enterprise? ___ Yes ___ No

2) If you answered “No” to question one (1), please proceed to the following page. If you answered “Yes” to question one (1), please attach a copy of the SBE certification of your company or that of the subcontracting firm(s).

Describe the responsibilities of each SBE participant. (Attach additional sheets, if necessary). Firms which have applied for certification, but have not yet completed the certification process, will not be considered after the bid is due.

Name of Offeror/Vendor: _____________________________________________________

SBE Vendor #1: Contact:

Address: Phone #: _______

Summary of Participation:

SBE Vendor #2: Contact:

SBE Vendor #3: Contact:

Payment

As set forth in Contract Sections 6.27 “Disadvantaged Business Enterprise” and 4.08 “Payment and Retainage”, Contractor must ensure prompt payment for work completed by Disadvantaged Business Enterprises.

The prime contractor shall pay each DBE/SBE subcontractor under this contract for satisfactory performance of the subcontractor’s portion of the contract no later than thirty (30) days from receipt of each payment the prime contractor receives from SMART. The prime contractor shall return any retainage withheld to ensure satisfactory completion of the work to each subcontractor within thirty (30) days after the DBE/SBE subcontractor achieves the specified work as verified by SMART’s Project Manager. Any disputes that arise regarding the satisfactory completion of work by a DBE/SBE subcontractor shall be brought to the attention of SMART’s Project Manager, who will determine if the work is satisfactory.

Any delay in payment from the above referenced time frame may occur only for good cause following written approval from SMART’s Project Manager. The failure by the prime contractor to carry out the requirements of this section, without just cause, is a material breach of this contract, which may result in SMART withholding payment from the prime contractor until all delinquent payments have been made to the DBE/SBE subcontractor.

It is the responsibility of the Prime Contractor to provide SMART’s DBE Compliance Coordinator with copies of invoices received from offeror’s DBE/SBE subcontractor(s), along with proof of payment.

Please forward all information to:

SMART

Attn: DBE Compliance Coordinator Candice Fowler 535 Griswold Street, Suite 600 Detroit, MI 48226 Email: cfowler@smartbus.org Phone no. 313-223-2167

Prompt Payment Certification

By signing below, the Offeror acknowledges and agrees to provide the Authority’s DBE Compliance Coordinator with invoices received by the DBE/SBE subcontractor upon receipt and without delay. The Offeror must additionally provide proof of payment to the DBE Compliance Coordinator no later than thirty (30) days after the prime contractor’s receipt of payment from SMART. Failure to promptly pay any DBE/SBE subcontractor(s) may affect SMART’s future payments to Offeror and may affect the Offeror’s ability to obtain contracts with SMART in the future.

Name of Offeror: ________________________________________________

Signature of Offeror’s Authorized Official: ________________________________________________

Name and Title of Offeror’s Authorized Official: ________________________________________________

Date: ________________________________________________ mailto:cfowler@smartbus.org

Disadvantaged Business Enterprises (DBE) Certification

Indicate your proposed percentage level of DBE subcontracting participation for this contract: _____%

Describe the responsibilities of each DBE participant. (Attach additional sheets, if necessary). To be counted towards the DBE goal, a firm must be certified by the date of the bid is due.