26th Street Substation Equipment Upgrades Bid #26-0717.pdf

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CITY OF BAY CITY

SEALED BID REQUEST

26th STREET SUBSTATION EQUIPMENT UPGRADES BID #26-0717

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, July 16, 2025

Mark Sealed Bid Envelope: 26th Street Substation Equipment Upgrades Bid #26-0717

The City of Bay City is soliciting sealed proposals for: 26th Street Substation Equipment Upgrades Bid #26-0717

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com.

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued.

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, July 16, 2025

All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, July 16, 2025, for the 26th Street Substation Equipment Upgrades Bid #26-0717 all in accordance with the Bidding Documents, and as otherwise set forth herein.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.gov). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

CHECK LIST BEFORE SUBMITTING BID

YES

• Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you submit your proposal using the Proposal Form that is part of the bidding documents?

• Did you read the Purchase Order Terms and Conditions?

Do you also understand that the terms contained in the Purchase Order Terms and Conditions are in final form and not subject to further negotiation?

• Did you include the Debarment Certification?

• Are you submitting your original bid plus One (1) COPY as required?

• If your bid is over $50,000.00, do you have a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check (If applicable) Multiple year bids must be added together to get your total bid amount If submitting an alternate bid along with your original bid, only one (1) of the above-mentioned items is required.

NOTE: An original bid bond, certified check, bank draft, bank money order or cashier’s check in the amount of five percent (5%) of the total amount of bid must be submitted with any bid in excess $50,000.00.

Facsimiles or copies of a bid bond will not be accepted and the bid will be deemed non-responsive.

• Is your business Bay City based and eligible under the Local Purchasing Preference Policy?

If yes, has your business submitted an executed Local Vendor

Affidavit this calendar year? The Local Vendor Affidavit can be found on the City of Bay City’s website at www.baycitymi.gov under Purchasing.

• Is the outside of your envelope/package labeled properly including the bid number?

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission.

The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

http://www.bidnet/ http://www.baycitymi.org/

CITY OF BAY CITY

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: June 26, 2025

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, July 16, 2025

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for 26th Street Substation Equipment Upgrades Bid #26-0717

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, July 16, 2025

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form/Unit Price Proposal Form………………………………………………Required with submission

Specifications

Addendum(s) (if issued)………………………………………………………….……..Required with submission

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions Debarment Certification.………………………………………………………….……..Required with submission

Instructions to Bidders

Bonds

• Bid (ORIGINAL Bid Bond if bid is $50,000.00 or more (See Instructions to Bidders) Required with submission

Sample Purchase Order Terms and Conditions NON-NEGOTIABLE (bid will be deemed non-responsive if vendor cannot agree to terms and conditions)

Statement of No Bid (only if applicable)

One original and one copy of bid………………………………………………….…..Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.gov (989)894-8115

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

mailto:scarmien@baycitymi.org

PROPOSAL FORM

Quantity Description Unit Price Total

2 Turner Electric Unitized Switch See Specifications

3 Wire, URD 500 CU Primary – Okonite Copper, See Specifications

OR

3 Wire, URD 500 CU Primary – Okonite Aluminum, See Specifications

1 Wire, OH 477 ACSR Primary See Specifications

72 Insulators Horizontal Line Post 46kV See Specifications

Freight

Grand Total

Estimated Lead Time: _____________________________________

BIDDER MUST STATE

Bid prices subject to escalation: Yes No

If yes, state the period for which price will remain firm: __________________________

Bidder Name:______________________________

Address: ______________________________

Phone: ______________________________

E-mail: ______________________________

Signature: ______________________________

SPECIFICATIONS

UNITIZED SWITCH SPECIFICATIONS

Quantity (2) - Turner Electric Unitized Switch - TU-1TS204812BY10V01(No substitutions)

500 OKONITE WIRE SPECIFICATIONS

Quantity (3) - 900 foot NR Reels

Wire, URD 500 CU Primary – Okonite – Catalog# 115-23-3671, 35kV Shielded Power Cable, One Okopack (Compact Stranded) Copper Conductor, 133% Insulation Levels, 420 mils. (No substitutions)

OR

Quantity (3) - 900 foot NR Reels

Wire, URD 500 AL Primary – Okonite – Catalog# 115-23-3671, 35kV Shielded Power Cable, One Okopack (Compact Stranded) Aluminum Conductor, 133% Insulation Levels, 420 mils. (No substitutions)

477 OH WIRE SPECIFICATIONS

Quantity (1) - 2800 foot Reel

Wire, OH 477 ACSR Primary – Pelican

Insulators Horizontal Line Post 46kV

Quantity (72) - Insulators Horizontal Line Post 46kV, Hubble, Cat# 80S0460100, (No substitutions)

Non-Collusion Affidavit

_________________________________________(Bidder's Name), being first duly sworn, deposes and says that he or she is _________________________________(Title) of _______________________________________(Contractor Name), the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

Non-Iran Linked Business Affidavit

By signing below, I certify and agree on behalf of myself and the company submitting this proposal the following: (1) that I am duly authorized to legally bind the company submitting this proposal; (2) that the company submitting this proposal is not an “Iran linked business,” as that term is defined in Section 2(e) of the Iran Economic Sanctions

Act, being Michigan Public Act No. 517 of 2012; and, (3) that I and the company submitting this proposal will immediately notify the City should there be a change of status during the term of any contract with the City and will supply any further information requested by the City in this regard.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2) Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 06/2016)

INSTRUCTIONS TO BIDDERS

Sealed Proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan, until 2:00 p.m. on Wednesday, July 16, 2025. All Bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, July 16, 2025, for the 26th Street Substation

Equipment Upgrades Bid #26-0717 all in accordance with the Bidding Documents and as otherwise set forth herein.

An abstract of the Bids will be made available to Bidders.

Each Bid must be submitted in a sealed envelope, addressed to the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a Bid must be plainly marked on the outside as Bid for the 26th Street Substation Equipment Upgrades Bid #26-0717, and the envelope should bear on the outside the name of the Bidder, its address, and its license number, if applicable.

BIDDING DOCUMENTS

Bidding Documents include the Bidding Requirements and the Contract. The Bidding Requirements consist of the Quotation Request, Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to

Bidders, if applicable, Scope of Services, if applicable, the Proposal Form, and other bidding and contract forms. The

Bidding Documents shall also consist of the drawings, plans, specifications, and all addenda issued prior to execution of the Contract, if applicable.

All items listed as a submittal on the Quotation Request form MUST be included in the bid response.

BIDDER'S REPRESENTATIONS

The Bidder, by making a Bid, covenants, warrants and represents that:

1. The Bidder has read and understands the Bidding Documents, including all addenda, and the Contract.

2. The Bid is based upon all of the requirements of the Bidding Documents, without exception.

3. The Bidder has disclosed to City any material errors or omissions in the Bidding Documents known to or discovered by Bidder.

BIDDING PROCEDURES

Form and Style of Bids.

Bids shall be submitted on the Quotation Request form included with the Bidding Documents. All blanks on the Quotation Request form shall be filled in by typewriter or manually in ink. Interlineations, alterations and erasures must be initialed by the signer of the Bid. All requested alternates shall be bid and if no change in the Base Bid is required, enter "No Change". The Bid shall be for the work and materials required by the Bidding Documents and any Bid not in strict compliance therewith may be rejected as not responsive.

If the Bidder discovers any errors or omissions in the specifications or in the work to be undertaken and executed by it, the Bidder shall immediately notify the Purchasing Agent. If, with the knowledge of such error or omission and prior to the correction thereof, the Bidder proceeds with any work affected thereby, the Bidder shall do so at its own risk and the work so done will not be considered as work done under and in performance of the agreement.

Basis on Which Bids are Solicited.

Bids are solicited on the basis of unit prices for certain items set forth in the form of proposal and described in the specifications. Bidder may propose a lot price, so long as it clearly identifies its Bid as such on the Quotation

2 (Revised 03/2023)

Request. Prices shall be stated total sum based upon the unit price and quantity specified in the bid document. If there is an error in computing the total sum then the unit price shall govern. Any general reference made in the bid specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment equal in performance and quality. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality may be considered. Bidder shall be responsible for all sales, use, excise, transportation or other taxes, charges, costs, fees or expenses applicable to any of the materials or goods which are a part of the Bid. Bidder shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Bidding Documents.

X Bid Security.

Each Bid which exceeds Fifty Thousand and No/100 ($50,000.00) Dollars for the term of the

Contract must be accompanied by a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check drawn upon a bank in good standing, for a sum of not less than five (5%) percent of the amount of the Bid as a guarantee on the part of the Bidder that it will, if called upon to do so, enter into a Contract in the attached form, to do the work covered by the Bid and at the prices stated therein, and to furnish acceptable surety for its faithful and entire fulfillment. The bid security deposit bid bond, certified check, bank draft, bank money order, or cashier’s check shall be made payable to the City of Bay

City, Michigan, and shall be subject to the conditions specified in the Request for Proposal, Instructions to Bidders and Bidding Documents. Should the Bidder refuse to enter into the Contract or fail to furnish the required bonds and/or certificates or policies of insurance, the bid security deposit shall be forfeited to the City of Bay City.

After Bidders have submitted Bids, they shall not modify, withdraw or cancel their Bid for a period of sixty (60) days from the opening of Bids. All sums deposited with the Bids will be held by the City of Bay City until all Bids have been canvassed and a Contract is awarded and executed, and all bonds and insurances furnished and approved. At the expiration of sixty (60) days from the opening of Bids, any Bidder may withdraw its Bid and all sums deposited with the Bid will be returned to Bidder. The City of Bay City may, in its sole and absolute discretion, release any Bid and return the bid security prior to that date.

Qualifications of Bidders.

To demonstrate its qualifications for the Project, the Bidder must submit, if requested, or be prepared to submit upon demand a sworn statement of the Bidder's legal organization, licensing and qualification to do business, including year organized and/or incorporated and the names and address of officers, partners, shareholders or anyone owning an interest in the entity, background and experience of the principals of Bidder, including a list of work of a similar nature to that covered in the Proposal which has been completed by or is in progress by the Bidder and the year in which the work was done; the principal items of equipment owned by the Bidder which he proposes to use on this Project; a list of trade and bank references; and a financial statement evidencing the financial ability to successfully complete the specified Work. Such sworn statement shall, as requested, be provided to City of Bay City with the Bid, as early as seven (7) days before the date the Bids are opened or within the sixty (60) day period during which the

Bids may remain open.

CONSIDERATION OF BIDS

Rejection of Bids.

The City of Bay City has absolutely reserved to itself the right and prerogative to reject any or all Bids, to reject a Bid not accompanied by required bid security or other documentation or data required by the Bidding

Documents, or to reject a Bid which is in any way incomplete, irregular, not responsive or not responsible. Any bid received by the Purchasing Department after 2:00 p.m. Eastern Standard Time (EST) on the date first set forth above will be rejected and returned to the bidder unopened.

3 (Revised 03/2023)

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of

Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

Award of Contract.

The award of the Contract, if it is awarded, will be to a responsible and responsive Bidder whom the City

Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Bid. No contract will be awarded until the City of Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Bidding Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any Bidder who does not pass such investigations to the City of Bay City's satisfaction. In analyzing Bids, the City of Bay City may take into consideration alternates and unit prices, if requested by the bid forms. In accordance with city ordinance, City

Commission may give preferential consideration to manufacturers, retailers, wholesalers or service providers located within the City of Bay City. The Bidder shall execute a Contract in the form which is included in the bidding documents if it is the successful bidder. The City of Bay City will endeavor to post the bid tabulation results and the anticipated City Commission meeting date for consideration of Contract award on the Bay City web site

(www.baycitymi.org) by 5:00 p.m. EST on the day following bid opening. It is the responsibility of the Bidder to monitor the website for any changes to Commission meeting scheduling.

POST-BID INFORMATION

No later than ten (10) days after notification of selection for the award of a contract, the Bidder may be required to establish to the satisfaction of the City of Bay City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Bidding Documents, if it is proposed to be performed using other than the Bidder's own forces. If the head of the department inviting bids has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted bid price or disqualify the Bidder.

In the event of either withdrawal or disqualification, the bid security will not be forfeited. Persons and entities proposed by the Bidder and to whom the City of Bay City has made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of Bay City.

Payment Terms.

Unless otherwise provided in the Contract, the City of Bay City’s payment terms are Net 60 days for approved invoices. Payment by the City of Bay City to the Bidder shall not constitute a waiver or release of the City of Bay

City’s right to assert any claim against the Bidder.

WARRANTIES AND PATENTS

Warranty Specifications.

Bidder expressly warrants that all the materials and articles covered by its Bid or other description or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, merchantable, and fit for its intended purpose. Bidder also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered http://www.baycitymi.org/

4 (Revised 03/2023) by the Bidding Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Bidding Documents, or any other exceptions or alterations, must be approved in writing by the City of Bay City's Purchasing Agent.

Compliance with Law.

Bidder covenants and agrees that it will comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations, including OSHA and MIOSHA, concerning or relating to the materials, machinery, equipment and/or goods to be sold or provided to the City of Bay City in its Bid.

Patents.

Bidder covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Bidder covenants and agrees to hold the City of Bay

City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

EEO COMPLIANCE AND PREVAILING WAGES

Non-Discrimination in Employment.

Bids for work under Request for Proposal shall obligate the Bidders not to discriminate in employment practices in accordance with section 66-54 of the Bay City Code of Ordinances. Bidder covenants that neither it or its subcontractor shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the Contact.

If required and included in the Quotation Request, Bidders must submit with their initial bid a signed ESSENTIAL

EQUAL EMPLOYMENT OPPORTUNITY INFORMATION statement which is included in the specifications.

Successful Bidders must be prepared to comply in all respects with the Contract provisions regarding non-discrimination.

Prevailing Wages and Fringe Benefits.

The payment of prevailing wages and fringe benefits for construction mechanics will be required if the proposed project is financed in whole, or in part, with state or federal funds. Bidder/Contractor is solely responsible for making diligent inquiry and determining if the payment of prevailing wages and fringe benefits for construction mechanics is required for the project.

INSURANCES AND BONDS

Upon award the Bidder shall purchase and maintain the insurances that are appropriate for the goods, services and work being performed and furnished, including materials, which will provide protection from all claims which may arise out of, result from or be caused by Bidder's performances, work, the furnishing of goods or materials and/or Bidder's other obligations under the Bidding Documents and Contract, whether it is to be performed or furnished by Bidder, by any Subcontractor or Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. ALL POLICIES OF INSURANCE, AND THE CERTIFICATES OR OTHER EVIDENCE

THEREOF, SHALL CONTAIN AN ENDORSEMENT THAT THE COVERAGE AFFORDED WILL NOT BE

CANCELLED, MATERIALLY CHANGED OR RENEWAL REFUSED UNTIL AT LEAST THIRTY (30) DAYS'

PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY CERTIFIED MAIL. All insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or

5 (Revised 03/2023) replacing defective work or materials. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

Upon award the bidder shall provide the bonds and insurances (for the specific coverages and limits of liability) which are indicated below or as otherwise required in the Bidding Documents:

Guarantee Bonds.

The Bidder shall furnish a surety bond in the amount at least equal to 100% of the Contract Price as security for faithful performance of this Contract. The Bidder shall also furnish a separate surety bond in an amount at least equal to 100% of the Contract Price as security for payment of all persons performing labor and furnishing materials in connection with this Contract. Premium for the bonds described above shall be paid by the Bidder. The surety of the bond shall be a duly authorized surety company satisfactory to the City of Bay City. The surety of the bonds shall furnish with the bonds a "Certificate of Authority of the Surety Company" to do business in the State of Michigan.

The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

Alternate Insurance.

See enclosed contract for insurance coverage requirements, additional insurance requirements are as indicated below.

Worker's Compensation Insurance.

Workers' Compensation insurance including Employer's Liability to cover employee injuries or disease compensable under the Workers' Compensation Statutes of Michigan, or federal compensation acts, if applicable.

Self-insurance plans approved by the regulatory authorities in Michigan are acceptable.

Comprehensive General Liability.

A Comprehensive General Liability policy in the amount of $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death resulting from one accident; property damage in the amount of not less than $500,000 per accident and the same amount in the aggregate, including the following exposures:

A. All premises and operations;

B. Explosion, collapse and underground damage (whenever work under the Bid involves such hazard);

C. Contractor's Protective coverage for independent contractors or subcontractors employed by him;

D. Contractual Liability for the obligations assumed in the Indemnification or hold harmless agreement found in the Contract;

E. Personal Injury Liability endorsement with no exclusions pertaining to employment; and

F. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

The City of Bay City shall be named as an additional insured as follows:

IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING SHALL

BE ADDITIONAL INSUREDS: THE CITY OF BAY CITY, MICHIGAN,

AND ITS ELECTED AND APPOINTED OFFICIALS, ALL EMPLOYEES

AND VOLUNTEERS, ALL BOARDS AND COMMISSIONS AND/OR

AUTHORITIES AND THEIR BOARD MEMBERS, EMPLOYEES, AND

VOLUNTEERS.

6 (Revised 03/2023)

AS IT RELATES TO THE WORK AND OBLIGATIONS SET FORTH IN

THE CONTRACT, THIS COVERAGE SHALL BE PRIMARY TO THE

ADDITIONAL INSUREDS, AND NOT CONTRIBUTING WITH ANY

OTHER INSURANCE OR SIMILAR PROTECTION AVAILABLE TO

THE ADDITIONAL INSUREDS, WHETHER THE OTHER AVAILABLE

COVERAGE BE PRIMARY, CONTRIBUTING OR EXCESS.

Comprehensive Automobile/Vehicle Liability.

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the operation, ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. The

Comprehensive Auto Liability shall be written in the minimum amounts of $500,000 for injuries including accidental death to any one person and $1,000,000 for injuries including death resulting from any one accident. This policy must also provide $500,000 property damage coverage.

Pollution Liability Insurance.

The minimum limit is $500,000 per claim for bodily injury or property damage from pollution caused by any negligent act or omission of Bidder, its employees, agents or subcontractors during the performance of the Contract.

Umbrella or Excess Liability.

The Bidder shall provide an Excess or Umbrella Liability policy in the amount of $1,000,000. Umbrella or

Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the

Bidder’s general liability and its automobile liability insurance.

Professional Liability.

The Bidder shall purchase and maintain Professional Liability insurance which shall protect the City of Bay

City from any negligent act or omission of the Bidder, its employees and agents, in its performances and obligations under this Contract. The Professional Liability Insurance shall be an amount of not less than $250,000 or the total cost of the Project for which the Bidder is retained, whichever is greater.

Time of Delivery of Bonds and Insurance Certificates.

The Bidder shall deliver the required bonds and certificates of insurance to the City of Bay City no later than the date it delivers the executed Contract to the City of Bay City. If the work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of any work, deliver the bonds and certificates of insurance required in accordance with this paragraph to the Purchasing Department.

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

(Revised 06/2016)

PURCHASE ORDER

TERMS AND CONDITIONS

NON-NEGOTIABLE (If vendor cannot agree to terms and conditions bid will be deemed non-responsive)

1. Acceptance of Purchase Order. None of the terms and conditions contained in this Purchase Order may be added to, modified, superseded, or otherwise altered, except by a written instrument signed by an authorized representative of

Buyer and delivered by Buyer to Seller. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this Purchase Order, except as they may be added to, modified, superseded, or otherwise altered, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form of Seller and notwithstanding Buyer’s act of accepting or paying for any shipment or similar act of Buyer.

2. Definitions. As used throughout this Purchase Order, the following terms shall have the meanings set forth below:

a) “Buyer” means the CITY OF BAY CITY, or its duly authorized representative.

b) “Seller” means the individual, partnership, corporation or other entity contracting to sell Goods.

c) “Goods” refers to the goods, products, supplies, parts, equipment, materials, technical data, drawings, services, or other items which are the subject matter of this Purchase Order.

3. Time, Inspection and Acceptance. Time is of the essence. All Goods are subject to inspection and acceptance at destination notwithstanding inspection at source or any payment. Defective Goods, or Goods not in accordance with

Buyer’s specifications, or with Seller’s representations or the Warranty in this Purchase Order, will be held for Seller’s instructions, at Seller’s risk, and, if requested, returned to Seller at its cost. Acceptance shall not affect Seller’s Warranty obligations or apply to conditions or defects not discoverable on inspection.

4. Force Majeure. If the Seller is delayed by an act or neglect of the Buyer, by changes in the order, or by labor disputes, fire, unavoidable casualties or other causes beyond Seller’s reasonable control, then the time for performance shall be extended accordingly.

5. Sales, use and other taxes. Seller shall be responsible for all sales, use, excise, transportation, or other taxes applicable to the Goods.

6. Modification. No modification of this Purchase Order shall be binding upon Buyer unless made in writing and signed by Buyer’s authorized representative.

7. Warranty. Seller expressly warrants that the Goods will be in exact accordance with the Purchase Order description, specification, drawing, or sample, and free from defects in material and/or workmanship, merchantable, and fit for their intended purpose. The warranty shall survive delivery and shall not be deemed waived either by reason of the Buyer’s acceptance of the Goods or by payment for the Goods. Any deviations from the Purchase Order or specification, or any other exceptions or alterations, must be approved in writing by the Seller’s authorized representative.

8. Patents. Seller warrants Goods do not infringe upon any letters patent granted by the United States and covenants and agrees to hold harmless and defend the Buyer against any claim, demand, or suit based upon such infringement.

9. Compliance with law. Seller covenants and agrees that it will comply with all applicable federal, state, and local laws, statutes, ordinances, rules, and regulations concerning or relating to the Goods and the provision of the Goods to Buyer.

The City of Bay City is an Equal Opportunity Employer. Seller covenants and agrees not to discriminate against any employee or applicant for employment for any reason directly or indirectly related to employment because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity.

10. Insurance. In the event that any work or service which forms a part of the Goods is to be performed on the premises of Buyer, Seller shall maintain insurances, including workers compensation and $1,000,000 general liability, as are appropriate for the work being performed and furnished as will provide protection to Buyer from all claims which may arise out of, result from, or be caused by Seller’s performance and furnishing of the Goods under this Purchase Order.

All insurance shall remain in effect until final payment and at all times when Seller may be correcting, removing, or replacing defective Goods.

11. Non-assignment. There shall be no assignment or any other transfer of this Purchase Order or of the rights, duties, performances, or obligations under this Purchase Order.

12. Non-waiver. The failure of Buyer to enforce any provision of this Purchase Order or of any applicable law shall not be deemed a waiver of the right to exercise any rights and remedies provided by law or under this Purchase Order.

13. Default. In the event of Seller’s default, Buyer may purchase similar Goods elsewhere on such terms and in a manner as Buyer may deem appropriate. Seller shall be liable to Buyer for any excess costs.

14. Applicable Law. This Purchase Order and the performances and obligations of the Buyer and Seller shall be construed and interpreted in accordance with the laws of the state of Michigan. Any lawsuit or claim which arises out of this

Purchase Order will be litigated in the Circuit or District Court for Bay County, Michigan.

(Revised 06/09)

STATEMENT OF NO BID Bid:_______________________________ Bid #:________

NOTE: If you DO NOT intend to bid on this commodity/service, please complete and return this form immediately. Your response will assist us in evaluating all responses for this important project and to improve our bid solicitation process.

Specifications too “tight” (i.e. geared toward one brand or manufacturer only, (explain below).

Specifications are unclear (explain below).

We are unable to meet specifications.

Insufficient time to respond to the Invitation for Bid.

Our schedule would not permit us to perform.

We are unable to meet bond requirements.

We are unable to meet insurance requirements.

We do not offer this product/service.

Remove us from your bidders list for this commodity/service.

Other (specify below)

REMARKS: ___________________________________________________________

Firm Name: ___________________________________________________________

Address: _____________________________________________________________

Signed: ___________________________ Print Name: ________________________

Title: _____________________________ Date: _____________________________

Phone: _________________________ Email: _____________________________