Custodial Services for Various City Government Facilities.pdf

RESPONDENT (COMPANY) NAME: ____________________

C I T Y O F D E A R B O R N

Abdullah H. Hammoud, MAYOR

INVITATION TO BID

FOR

Custodial Services for Various City of Dearborn Government Facilities

CONTROL NO. 102626

Issue Date: October 27, 2026

Mandatory Onsite Visit: November 5, 2026 at 10:00 a.m, at the DPW campus, located at 2951 Greenfield Road, Dearborn, MI

Pre-bid Question Deadline: November 9, 2026 1:00 p.m., Local Time

Bid Deadline: November 16, 2026 at 3:00 p.m. Local Time

Uploaded to the website, www.Bidnet Direct

Purchasing Contact: Jay Andrews, Sr. Buyer

Phone : (313) 943-3031 Email: jandrews@dearborn.gov

DESCRIPTION: Bids are being solicited for the custodial services at various City of Dearborn Facilities.

This solicitation, along with all Attachments may be downloaded from the Michigan Intergovernmental Trade Network (BIDNET DIRECT) website at www.Bidnet Direct.info. Note: Any and all addenda issued by the City of Dearborn must be viewed or downloaded from the above listed website. Award results shall also be posted on the BIDNET DIRECT website.

Bids must be uploaded to the BIDNET DIRECT website by the due date and time. Allow time for the uploading process. Late bids will not be accepted by the system. Bids will be opened shortly after the Bid Deadline at the location listed above. NO HARD COPIES ARE TO BE SUBMITTED.

CITY OF DEARBORN

INVITATION TO 102326

101226

TABLE OF CONTENTS

TABLE OF CONTENTS

INSTRUCTIONS

SPECIFICATIONS/SCOPE OF WORK

SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS

STANDARD TERMS AND CONDITIONS OF AGREEMENT

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

EXTENDABLE/COOPERATIVE PURCHASE FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING VENDOR FORM

INSTRUCTIONS

1) BID INFORMATION AND QUESTIONS: Each bid that is timely received will be evaluated on its merit and completeness of all requested information. In preparing bids, Respondents are advised to rely only upon the contents of this ITB and accompanying documents and any written clarifications or addenda issued by the City of Dearborn Purchasing Division. If a Respondent finds a discrepancy, error or omission in the ITB package, or requires any written addendum thereto, the Respondent is requested to notify the Purchasing contact noted on the cover of this ITB, so that written clarification may be sent to all prospective Respondents. THE CITY OF DEARBORN IS NOT RESPONSIBLE

FOR ANY ORAL INSTRUCTIONS.

a) All questions must be submitted in writing to the Purchasing contact before the Pre-Bid Question

Deadline indicated on the front of this document.

b) No communication is permitted between Respondents and other City of Dearborn Departments or Divisions prior to the award of the bid unless sanctioned by the Purchasing Division.

2) PRE-BID MEETING: A pre-bid meeting concerning this ITB may be held. If so, the date, time and location will be indicated on the cover of this ITB. Staff will be available at this meeting to answer questions about this ITB. Attendance at the meeting is strongly encouraged.

3) ITB MODIFICATIONS/ADDENDA: Clarifications, modifications, or amendments may be made to this ITB at the discretion of the City. Any and all Addenda issued by the City will be posted as noted on the Cover Page of this document. It is the responsibility of the Respondent to obtain the available Addenda and acknowledge Addenda on the Bid Form of this ITB. Failure to acknowledge Addenda may result in your Bid being deemed non-responsive and rejected without any further evaluation. If any changes are made to this ITB document by any party other than the City, the original ITB document and associated Addenda in the City’s files shall take precedence

4) BID SUBMISSION:

a) The Respondent must include the following items, or the bid may be deemed non-responsive:

i) All forms contained in this ITB, fully completed

ii) Evidence that the Minimum Qualifications listed in the Specifications/Scope of Work are met.

iii) Bidders must provide a copy of the proposed lease agreement the City will sign in its response to the ITB

b) Bids must be electronically uploaded to the BIDNET DIRECT (www.Bidnet Direct.info) website by the due date and time. Allow yourself some time to go through the uploading process. It is preferred that only one file be uploaded, in PDF, with a size limitation of 20 MB. For assistance on how to upload, contact BIDNET DIRECT directly at (800) 835-4603. The BIDNET DIRECT system will not allow for late submittals and a submittal must be completed before the due date and time. This responsibility rests entirely with the Respondent, regardless of delays resulting from the uploading process.

c) Submission of a bid establishes a conclusive presumption that the Respondent is thoroughly familiar with the Invitation to Bid (ITB), and that the Respondent understands and agrees to abide by each and all of the stipulations and requirements contained therein.

Businesses that have done work for the City of Dearborn are not exempt from submitting required documents or meeting other requirements listed in this ITB.

d) All prices and notations must be filled in. If not offering a bid on a line item, you must write in

“N/A” or “No Bid.” Mistakes may be crossed out and corrections must be initialed by the person(s) signing the bid.

http://www.mitn.info/

INSTRUCTIONS CONT.

e) All costs incurred in the preparation and presentation of the bid is the Respondent’s sole responsibility; no pre-bid costs will be reimbursed to any Respondent. All documentation submitted with the bid will become the property of the City of Dearborn.

f) Bids must be held firm for a minimum of 90 days.

5) WITHDRAWAL: Electronic bids can be withdrawn from the BIDNET DIRECT website prior to the date and time set for the opening of bids. No Bid may be withdrawn after the deadline for submission.

6) PRICING: In cases where discrepancies are found on the price page when computing the total amount on the price sheet, the unit price shall prevail.

7) DUPLICATE BIDS: No more than one (1) bid from any Respondent, including its subsidiaries, affiliated companies and franchises will be considered by the City. In the event multiple bids are submitted in violation of this provision, the City will have the right to determine which bid will be considered, or at its sole option, reject all such multiple bids.

8) ADDITIONAL PAST PERFORMANCE & ADDITIONAL INVESTIGATIONS: The City of Dearborn reserves the right to make additional investigations into a Bidder and may consider the past performance of the Bidder on other contracts with the City or other entities when making an award decision.

9) REJECTION: The City of Dearborn reserves the right to reject any or all bids, or to accept or reject any bid in part, and to waive any minor informality or irregularity in bids received if it is determined by the Purchasing Agent that the best interest of the City of Dearborn will be served by doing so. If all

Bids are rejected by the City of Dearborn, notice will be posted on the Michigan Intergovernmental

Trade Network (BIDNET DIRECT) website as noted on the Cover Page of this document. No Bid will be considered from any person, firm or corporation in arrears or in default to the City of Dearborn on any contract, debt, or other obligation, or if the Respondent is debarred by the City of Dearborn from consideration for a contract award, or if Respondent has committed a violation of the City of

Dearborn’s Charter and/or Code of Ordinances which resulted in a termination of a contract or other material sanction within the five (5) years immediately preceding the date of issuance of this document.

10) PROCUREMENT POLICY: Procurement for the City of Dearborn will be handled in a manner providing fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the City of Dearborn.

11) BID SIGNATURES: Bids must be signed by an authorized official of the Respondent. Each signature represents binding commitment upon the Respondent to provide the goods and/or services offered to the City of Dearborn if the Respondent is determined to be the lowest responsive and responsible respondent. The resulting contract is not binding until fully executed should the contract require

Council approval.

12) CONTRACT AWARD: The City of Dearborn reserves the right to award by item, group or total to the lowest responsive, responsible Respondent. The apparent successful Respondent will be notified at the earliest possible date of the recommendation to award a contract. Award decisions may be subject to approval by the City Council, Mayor, and Corporation Counsel and the resulting contract is not binding until the contract has been fully executed.

13) NO-BID RESPONSE: For those businesses who receive this ITB but who do not submit a bid, it would help the City of Dearborn if you would please return a notice of why you have chosen not to bid.

INSTRUCTIONS CONT.

14) FOIA REQUIREMENTS: Bids are subject to public disclosure after the deadline for submission in accordance with state law.

15) BID DEPOSIT RETURNS: In submitting this sealed bid it is understood that the right is reserved by the City of Dearborn to reject any or all bids. Bids which are withdrawn will result in forfeiture of the bid deposit.

16) PREFERENCE: When sealed bids are received under Sec. 2-568 of the City of Dearborn’s Code of Ordinances, the following shall apply:

a) The person or business submitting the lowest responsive, responsible bid, according to the requirements of the bidding documents, shall be deemed the lowest bidder. If the lowest bidder is not a Dearborn-based business, any Dearborn-based business with a bid within 5% of the lowest bid shall be deemed the lowest. Dearborn-based business means the physical and economic relationship to Dearborn determined by a verifiable business address (not a PO Box) within the corporate boundaries of the City of Dearborn, and the payment of city personal property taxes for not less than one (1) year immediately prior to the date of the bid submittal.

b) No contract awarded pursuant to this section shall be sublet in any matter that permits 50% of more of the dollar value of the contract to be performed by a subcontractor or subcontractors who do not meet the definition of “Dearborn-based.”

c) In no event shall a Dearborn-based business be awarded a contract if the business is not current on real and personal property taxes owed to the City of Dearborn.

17) CITY SEAL USAGE – USE OF THE CITY SEAL IN YOUR SUBMITTAL IS STRICTLY

PROHIBITED BY CITY ORDINANCE.

SPECIFICATIONS/SCOPE OF WORK

INTRODUCTION:

Through this Invitation to Bid (ITB), the City of Dearborn hereby invites businesses that meet the qualifications set forth herein to submit bids to provide daily (M-F primarily) cleaning services at various facilities City-Wide for the following locations:

• Department of Public Works - Administration Office

• Department of Public Works - Engineering Office

• Department of Public Works - Backflow Office

• Department of Public Works - Water Department

• Department of Public Works - Building Services

• Department of Public Works - Public Services & Highways Building

• Department of Public Works - Sewerage & CSO Building

• Department of Public Works - Motor Transport Building

• Dearborn Administrative Center (DAC)

GENERAL INFORMATION:

The City of Dearborn requires Custodial Services to clean and maintain the public areas of various buildings, offices and work spaces, including general cleaning, sanitation, trash removal, maintenance of carpet and flooring.

The purpose of this contract is to ensure the properties are continuously maintained in a clean, safe, and sanitary manner.

The successful bidder shall be required under the resulting contract to provide all labor and equipment necessary to complete all work under the contract to a high standard acceptable to the City of Dearborn. All supplies, including paper products, chemicals and trash liners, will be provided to the contract by the City of Dearborn. All work under the contract must be performed on a 5-day schedule, Monday – Friday. For the purposes of this proposal, a “working day” shall be between the hours of 4:00 PM and 12:00 AM. The potential to provide services outside of “normal business hours” is open for negotiation.

MINIMUM QUALIFICATIONS:

Respondents (specifically, the business that will be contractually bound under the contract with the City of Dearborn) will be deemed nonresponsive and rejected without any further evaluation if they, as a business, do not meet the following qualifications:

1. The Bidder and/or its subcontractor must have a minimum of 5 years’ experience performing each major function contained in the specifications and a demonstrated track record of timely performance of the same or very similar services.

2. Contractor to submit to and pass criminal background check, including all hourly employees working in City Buildings. This includes City-Mandated checks through the City’s HR Department, and Police Department Records Bureau (only applies to those working in the City’s Dispatch area.

SCOPE OF SERVICES:

The contractor is to supply all labor and equipment for cleaning and disinfection of the facilities as identified. Specified cleaning needs have been identified by facility and are included in separate Scope of Services files located in the Documents & Items section of this solicitation.

All cleaning and disinfection products as well as necessary equipment used will be supplied by the City of Dearborn.

For purposes of this document, the term “clean” shall be interpreted as “free of visible soil, dust and/or debris and streak free”

The term “disinfect” and “sanitize” shall be interpreted as “the use of an approved chemical or solution to destroy, inactivate, or significantly reduce the concentration of pathogenic agents (such as bacteria, viruses, and fungi) on surfaces and objects.”

CONTRACTOR RESPONSIBILITIES:

• Contractor(s) shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and codes and obtain any licenses or permits required to provide the services under this ITB.

• Contractor(s) must provide supervision and other items, at Contractor’s own expense, all equipment, labor and equipment.

• Contactor(s) shall use reasonable care to clearly mark all work areas that might reasonably be expected to endanger the health and safety of residents, guests, or any other persons.

• Contractor will provide at their own expense such signs, markers and barricades as required to identify all work areas and minimize inherent dangers.

• Contractor(s) shall practice acceptable safety precautions, follow industry safety standards, and use only industry approved safety equipment in the performance of all duties.

• Contractor shall maintain at all times all equipment in proper and safe operating conditions in accordance with the manufacturer’s specifications.

• Contractor must be cognizant of safety at all times and take necessary safety precautions, so as to not cause harm to any persons or property while performing services under this contract.

• Contractor(s) shall exercise extreme caution around pedestrians and parked cars and while transporting materials and maintenance supplies in elevators, corridors and common areas so as to protect all surfaces from damage. Any property damage caused shall be replaced or repaired to the satisfaction of the City and at the contractor’s expense.

• Contractor shall at all times maintain both working email and phone capability for the purpose of receiving work orders.

• Upon completion of the work, Contractor(s) shall inspect the area where the work was performed and the contractor shall remove any waste and debris generated by the work.

• All work under the contract must be performed on a continuous 5-day schedule. For the purposes of this proposal, “Working Day” shall be Monday thru Friday, between the hours of 4:00 PM and 12:00 AM.

• GREEN INITIATIVES: The Contractor is encouraged to investigate and offer alternatives for cleaning supplies and materials that would increase the “green” or environmental efficiency of the project. Coordinate with DPW Staff Representative on this.

• PERSONNEL AND STAFFING: Contractor shall inform City of Dearborn within two (2) working days of any change in contact information, including but not limited to contact personnel, mailing address, physical address, phone numbers, and email addresses.

• Contractor shall have work crews, qualified by training and experience, and licensed as may be necessary to perform the work required.

• At the time of contract execution, the Contractor shall provide the name and cell phone number of the manager and alternate.

• The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate(s), who shall act for the Contractor when the manager is absent, shall be designated in writing to the City of Dearborn contract administrator.

• The contract manager or alternate shall have full authority to act for the Contractor on all calls placed by City of Dearborn representatives at all City of Dearborn properties listed in this proposal.

• The contract manager or alternate shall be available within 2 hours of notification of a problem, issue, or concern with any work required under the contract.

• QUALITY CONTROL PROGRAM: The Contractor shall establish and maintain a complete quality control plan to assure the requirements of this proposal are provided as specified. The quality control plan must be submitted with the bid documents. The plan shall include, but not be limited to the following:

a) Inspection System: The Contractor shall have an inspection system covering the services listed in the Scope of Work. It must specify line items to be inspected upon completion of the task and prior to acceptance by the City of Dearborn. This can be accomplished by a checklist method with a signature clearly indicating who performed the work.

b) Inspection Files: A file of all inspections conducted by the Contractor and the corrective action taken, if required, must be maintained and records shall be kept by the vendor and forwarded monthly with invoices. This documentation shall also be made available upon request to the City of Dearborn.

c) Physical Security: Contractor shall be responsible for safeguarding all City of Dearborn property provided for Contractor use, if any. At any time when left unattended, and at the close of each workday City of Dearborn facilities, property and materials shall be inspected and secured. The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by City of Dearborn employees are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the City of Dearborn shall be duplicated. If the Contractor loses the keys to the lock, City of Dearborn will replace the lock and bill the Contractor for the cost to replace the locks. Contractor shall not enter any City of Dearborn Facilities at times outside of designated working hours.

d) Conservation of Utilities: The Contractor shall instruct employees to practice utility conservation in all City of Dearborn facilities. The Contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include:

i) Lights shall be used only in areas where and when work is actually being performed.

ii) Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by the Contractor or by Contractor employees.

iii) Water faucets or valves shall be turned off after the required usage has been accomplished.

iv) City of Dearborn telephones shall not be used for personal reasons or for any toll or long-distance calls.

e) Environmental Control: The Contractor shall be knowledgeable of and comply with all applicable Interstate, Federal, State, and Local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations change during the term of this contract, the Contractor is required to comply as such laws come into effect. If the Contractor subjects the City of Dearborn to any environmental issue, he shall notify the contract administrator immediately.

i) Notification of Environmental Spills: If the Contractor spills or releases any substance marked as hazardous into the environment, the Contractor or its agent shall immediately report the incident to the contract administrator and/or Dearborn Public Works at 313-943-2165. The liability for the clean-up of spill or release of such substances rests solely with the Contractor and its agents, and the contractor bears sole responsibility for containing and disposing of all hazardous materials (including bio-hazards) in a manner prescribed by law or applicable code.

ii) Material Storage and Use: The Contractor shall follow manufacturer's guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling.

iii) Safety Plan: The Contractor shall develop and provide with the proposal a safety plan for the protection of City of Dearborn facilities and property and to provide a safe work environment for Contractor’s personnel. The safety plan must be up-dated annually and is subject to change.

f) Repairs/Damages: The Contractor shall record, and report promptly (within one hour) to the City of Dearborn contract administrator responsible for that site all available facts relating to each instance of damage or repair not included in the work order to City of Dearborn Contract Administrator (CA)

g) Injury: In the event of an accident/mishap, the Contractor shall take reasonable and prudent action to establish control of the accident/mishap scene to prevent further damage to persons or City of Dearborn property.

ADDITIONAL CUSTODIAL TASKS TO BE PERFORMED BY THE CONTRACTOR

1. All carpets in the lobby and hallways are to be cleaned by a carpet extraction machine a minimum of twice a year, spring and fall.

2. All tile (hard surface) floors throughout the building are to be stripped and waxed once a year.

3. Lobby Furniture shall be cleaned annually with an extraction machine (or more frequently as necessary).

For items 1, 2, 3 above, the contractor should indicate if additional costs will be assumed for this work, otherwise it shall be assumed to be included in the general cost of the contract issued from the City of Dearborn.

The tasks listed above should not be considered as an exhaustive list and common sense should be used in situations requiring additional measures to maintain the building in a safe and sanitary condition.

Any observed safety issues or damage to the building should be reported to the contract administrator or facility manager immediately.

Documentation: The Contractor shall complete weekly Custodial Task and Daily Restroom Maintenance logs to be submitted with monthly invoices.

SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS

1. SUBMISSION REQUIREMENTS: The entire bid must be uploaded to the BIDNET DIRECT website only. Do not submit a hardcopy. Allow sufficient time to upload a single file with a size limitation of 20 MB to the website. If the file size exceeds 20 MB, please upload files in 20 MB increments. The City is not responsible for failure to have the submittal uploaded in a timely manner. The uploaded bids will be read aloud as soon after the bid deadline as possible.

2. CONTRACT TERM: The contract shall be for a term of two years, with three, one-year renewals available, effective upon full execution of the contract and notice to proceed. After a final award and full execution of the contract has occurred, the contractor must complete said agreement.

3. CONTRACT AWARD: This contract is intended to be awarded as a whole; however, the City of Dearborn reserves the right to award by item, whichever it deems to be in its own best interest.

4. ESTIMATED QUANTITIES: The quantities shown are estimates only, for the purpose of comparing bids and the City of Dearborn reserves the right to increase or decrease amounts as circumstances may require.

5. ADDITIONAL PURCHASES: The City of Dearborn reserves the right to make additional related purchases at the bid price, under the ITB/Contract terms and conditions, within the duration of the lease agreement.

6. EQUALS: Bids submitted as alternates, as "equals," or on the basis of exceptions to specific conditions of purchases and/or required specifications, must be submitted with an attachment referencing the specific paragraph numbers and adequately defining the exception submitted. If no exceptions are taken, the City of Dearborn will expect and require complete compliance with the brands, specifications and conditions of purchase. The City of Dearborn has the sole right to determine what constitutes an equal.

7. SAMPLES: The City of Dearborn has the right to request samples from the lowest responsive responsible respondent. The requested samples must be provided within two (2) business days of the request by the City of Dearborn, or the bid will be considered nonresponsive.

8. INSURANCE SUBMISSION REQUIREMENTS: The successful Bidder/Proposer/Respondent (Contractor) must submit proof to the Purchasing Office that they meet all City of Dearborn insurance requirements prior to receiving an executed contract and/or purchase order. Proof of insurance as stated below will be required no later than five (5) business days of request. An “Intent to Award” letter will serve as the request and will be faxed and/or emailed to the intended Contractor. To expedite the process, a copy of your current coverage may be submitted with your bid/proposal/quote. Prior to expiration dates of any required insurance, Contractor shall be responsible for providing proof of continuing coverage. Please note: the name of the entity that is awarded the contract must be listed as the named insured on the certificates.

9. INSURANCE REQUIREMENTS: The Contractor, at its own expense and in its own name, must provide and keep in force during the term of this Agreement the following types of insurance in not less than the amounts indicated below:

a) Commercial General Liability Coverage: Commercial General Liability Coverage including products/completed operations, contractual liability, and personal injury. This insurance shall be on a commercial insurance, occurrence form. The limit amount for this insurance shall be not less than $1,000,000 per occurrence and $2,000,000 aggregate. Aggregate limits to be provided per project or per location.

Endorsement - Additional Insured: The certificate must contain, as an endorsement, the following language pertaining to the general liability coverage: “The City of Dearborn, Michigan, its elected officials, officers, employees, boards, commissions, authorities, voluntary associations, and any other units operating under the jurisdiction of the City and within appointment of its operating budget including the City of Dearborn are named as additional insured and said coverage shall be considered to be the primary coverage rather than any policies and insurance or self-insurance retention owned or maintained by the City of Dearborn”.

➢ Endorsement: The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

b) Workers Compensation Coverage: At a minimum, Workers Compensation Insurance as required by State of Michigan law, Michigan statutory coverage, or evidence of an exemption for sole proprietors or a State issued exemption for corporations, partnerships or LLCs who have three or less employees. Employer’s Liability limits of $500,000 each accident, $500,000 disease policy limit and $500,000 disease each employee.

➢ Endorsement: The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

c) Professional Liability Insurance: Professional Liability (Errors and Omissions) coverage in an amount not less than $500,000 per claim. The aggregate limit shall either apply separately to this contract or shall be at least twice the required per claim limit. If coverage is afforded on a claims made basis, it shall continue in force for an uninterrupted period of three years or if cancelled, contractor agrees to secure a tail or extended reporting period endorsement for a period of not less than three years.

d) Cyber Liability Insurance: Cyber Liability coverage in an amount not less than $1,000,000 aggregate.

e) Automobile Liability Coverage: If performance of this Contract requires use of motor vehicles licensed for highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.

f) Endorsement: Primary and Noncontributory: The coverage that is afforded by the Contractor shall be primary and noncontributory in relationship to any and all insurance or self-administered SIR maintained and/or controlled by the City of Dearborn and its budgeted subdivisions.

g) Excess/Umbrella Coverage: Excess/Umbrella coverage providing excess over the afforded general, auto, and employers liability for limits not less than $1,000,000 per occurrence.

➢ The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

h) Cancellation Clause: Cancellation clause shall state not less than thirty (30) days.

It is incumbent upon the Contractor to affect all changes (additional insured, Primary/ noncontributory, and waiver of subrogation) indicated above to its insurance policy.

Insurance must be with an insurance company or companies licensed to conduct business in the State of Michigan that has an A.M. Best Company rating of A-, VII or better and is satisfactory to the City of Dearborn.

The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Any contractors and/or subcontractors utilized by the awarded vendor must also comply with all of the City’s insurance requirements. The awarded vendor is solely responsible for ensuring that all contractors and/or subcontractors comply with the City’s insurance requirements.

10. The successful Bidder/Proposer/Respondent (Contractor) must submit proof to the Purchasing Office that they meet all City of Dearborn insurance requirements prior to receiving an executed contract and/or purchase order. Proof of insurance as stated below will be required no later than five (5) business days of request. An

SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS CONT.

11. “Intent to Award” letter will serve as the request and will be faxed and/or emailed to the intended Contractor.

To expedite the process, a copy of your current coverage may be submitted with your bid/proposal/quote.

Prior to expiration dates of any required insurance, Contractor shall be responsible for providing proof of continuing coverage.

a. Cancellation Clause: Cancellation clause shall state not less than thirty (30) days.

It is incumbent upon the Contractor to affect all changes (additional insured, Primary/ noncontributory, and waiver of subrogation) indicated above to its insurance policy.

Insurance must be with an insurance company or companies licensed to conduct business in the State of Michigan that has an A.M. Best Company rating of A-, VII or better and is satisfactory to the City of Dearborn.

The demanded coverage that is to be afforded by the Contractor shall be primary and non-contributory in relationship to any and all insurance or self-administered SIR maintained and/or controlled by the City of Dearborn and its budgeted subdivisions.

The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Any contractors and/or subcontractors utilized by the awarded vendor must also comply with all of the City’s insurance requirements. The awarded vendor is solely responsible for ensuring that all contractors and/or subcontractors comply with the City’s insurance requirements.

STANDARD TERMS AND CONDITIONS OF AGREEMENT

1) Assignment/Transfer: Assignment or transfer of the resulting contract without written consent of the City of Dearborn (Purchaser) may be construed by the Purchaser as a breach of contract sufficient to cancel this agreement at the discretion of the Purchaser.

2) Inspection: All goods and services shall be subject to inspection and approval by Purchaser at all reasonable times including inspection during manufacture. Inspection and approval by Purchaser at Contractor’s (Seller’s) plant does not preclude rejection for defects upon discovery by subsequent inspection. Any goods and services rejected by Purchaser shall be promptly repaired or replaced at Seller’s expense. Any and all costs incurred by Purchaser in connection with the return of goods rejected by Purchaser as defective shall be at Seller’s risk and expense.

3) FOB and Risk of Loss: All items must be FOB Destination and all freight charges must be included in the Bid unless otherwise indicated in this document regardless of FOB point, Seller agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery and acceptance; and such loss, injury or destruction shall not release Seller from any obligation hereunder.

4) Payment Terms: Payment will be 2%/10, Net 30 unless otherwise specified by the City of Dearborn.

5) Warranty: Seller warrants that it has good and merchantable title to the goods sold hereunder and that said goods shall conform to the descriptions and applicable specifications and samples. Such goods shall be of good merchantable quality and fit for the known purposes for which sold, and are free and clear of all liens and encumbrances. Seller and Purchaser agree that this order does not exclude, or in any way limit, other warranties provided for in this agreement or by law.

6) Excise and Sales Tax: The prices herein must not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes, if included, must be deducted by the Seller when submitting invoice for payment.

7) Invoices: Invoices for goods must be submitted on date of complete shipment. Invoices for services must be submitted within 45 days after completion of Services. Payment will be delayed if the invoice fails to reference PO number, ordering department, unit prices, quantities, totals, and a full description of the order that matches the PO. Invoices may be emailed to ap@ci.dearborn.mi.us. The City’s preferred method of payment is by Automated Clearing House

(ACH).

8) IRS Form W-9: Seller must have on file with the City of Dearborn an IRS Form W-9 before Purchaser will issue any payment to Seller.

9) Compliance with Laws: Contractor represents and warrants that the performance of this order and the furnishing of goods or services required shall be in accordance with the applicable standards, provisions, and stipulations of all pertinent Federal, State, or City of Dearborn laws, rules, regulations, resolutions, and ordinances, including but not limited to, the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations, the Transportation Safety Act, and the Occupational Safety and Health Acts.

10) Iran Economic Sanctions Act: Further, Contractor certifies it is in compliance with in the State of Michigan’s Iran Economic Sanctions Act and is not an Iran linked business. By signing this document, I certify and agree on behalf of myself and the company submitting this bid/proposal the following:

(1) that I am duly authorized to legally bind the company submitting this bid; and

(2) that the company submitting this bid 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 mailto:ap@ci.dearborn.mi.us

STANDARD TERMS AND CONDITIONS OF AGREEMENT (Cont.)

(3) That I and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

11) Amendments: No amendment, modification, or supplement to this contract shall be binding unless it is in writing and signed by authorized representatives of the parties.

12) Termination: When in the City of Dearborn’s best interest, the City of Dearborn may unilaterally cancel this agreement at any time, whether or not the Contractor is in default of any of its obligations hereunder. Under any such cancellation, the Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However, the City of Dearborn agrees that the Contractor shall be paid for items and/or services already accepted by City of Dearborn, but in no event shall the City of Dearborn be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this agreement at any time for the failure of the other to comply with any of its material terms and conditions.

13) Waiver of Breach: No waiver by either party of any breach of any of the covenants or conditions herein contained performed by the other party shall be construed as a waiver of any succeeding breach of this same or of any other covenant or condition.

14) Records and Right to Audit: Whenever the City enters into any type of contractual arrangement including, but not limited to, lump sum contracts (i.e. fixed price or stipulated sum contracts), unit price, cost plus, or time & material contracts with or without a guaranteed maximum (or not-to-exceed amounts), Contractor’s "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction at and during Contractor’s during normal business working hours. The City’s representative or an outside representative engaged by City may perform such audits. The City or its designee may conduct such audits or inspections throughout the term of this contract and for a period of three years after final payment or longer if required by law.

a. Contractor's "records" as referred to in this contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such records shall include (hard copy, as well as computer readable data if it can be made available), written policies and procedures;

time sheets; payroll registers; cancelled checks; subcontract files (including bids of successful and unsuccessful respondents, bid recaps, etc.); original estimates; estimating work sheets;

correspondence; change order files (including documentation covering negotiated settlements);

back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other contractor records which may have a bearing on matters of interest to the City in connection with rite contractor's dealings with the City (all foregoing hereinafter referred to as "records") to the extent necessary to adequately permit evaluation and verification of: a) contractor compliance with contract requirements, b) compliance with the City's Charter and policies, and c) compliance with provisions for pricing change orders, invoices or claims submitted by the contractor or his payees.

b. Contractor shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this article by incurring the requirements hereof in a written contract agreement between Contractor and payee. Such

c. requirements to include flow-down right of audit provisions in contracts with payees will also apply to Subcontractors and Sub-Subcontractors, material suppliers, etc. Contractor will cooperate fully and will cancel Related Parties and all of Contractor's subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to the City from time to time whenever requested in an expeditious manner any and all such information, materials and data.

d. The City's authorized representative or designee shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this contract and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.

e. If an audit inspection or examination in accordance with this Article, discloses overpricing or overcharges (of any nature) by the contractor to the City in excess of one-half of one percent (.5%) of the total contract billings the reasonable actual cost of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the contractor's invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the City's findings to Contractor.

15) Complete Agreement: The parties agree that the conditions of purchase stated herein or attachments hereto set forth their entire agreement and there are no promises or understandings other than those stated herein, and that any prior negotiations between the Purchaser and Seller or terms or conditions of sales set forth in the Seller’s quotation or order or sales acknowledgement shall not constitute a part of the agreement between the Purchaser and Seller concerning this purchase. The term “agreement” as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith.

16) Liability and Indemnity: Contractor agrees to protect, defend, reimburse, indemnify and hold the City of Dearborn, its officers, affiliates, employees and agents harmless at all times from and against any and all claims, liabilities, expenses, losses, demands, damages, fines and causes of action of every kind and character made, incurred, sustained or initiated by any party hereto, any party acquiring any interest hereunder, any agent or employee of any party hereto, any third or other party whomsoever, or any governmental agency, arising out of, incident to, or in connection with this contract, or in the performance, nonperformance or purported performance of the work or services or breach of the terms hereof, except when the City of Dearborn is solely at fault.

The City of Dearborn is mindful that this demand for indemnity is more extensive than the corresponding liability coverage that the insurance industry may afford to satisfy this indemnification request.

17) Records: The City of Dearborn reserves the right to inspect all vendor documents relating to this agreement for up to three (3) years after expiration.

18) Insurance: The Contractor, at its own expense and in its own name must provide and keep in force during the term of this Agreement, insurance coverage with limits not less than indicated in the Special Instructions, Terms and Conditions for as otherwise agreed.

19) Non-compliance: Failure to deliver in accordance with specifications will be cause for the City of Dearborn to cancel the resulting contract or any part thereof and purchase on the open market, charging any additional cost to the Contractor.

20)

21) Protection of Resident Workers: The City of Dearborn supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification and non-discrimination. The contractor is held responsible to establish appropriate procedures and controls so no services under this contract will be performed by any worker who is not legally eligible to perform such services. The City of Dearborn shall have the right to terminate the contract if the City determines that the contractor has failed to perform satisfactorily with respect to its employment practices in support of INA.

22) Non-Discrimination Clause: The respondent agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to hire, tenure, terms, conditions or privileges, of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as material breach of the contract as provided for in Act 220 and Act 453 of the Public Acts of 1976, as amended, entitled “Michigan Handicapper’s Civil Rights Act” and the Michigan Elliott Larson Civil Rights Act.” The respondent further agrees to require similar provisions from any subcontractors, or suppliers.

23) Subcontracting: The use of a subcontractor is subject to the approval of the City of Dearborn.

24) Use of the City Seal: Contractors are prohibited from using the official Seal of the City of

Dearborn in this bid or in any other manner.

25) Legal Proceedings: Any legal proceedings shall be resolved in Michigan courts.

26) Federally Funded Purchases: Purchases using federal funds are subject to eligibility verifications through the System for Award Management (SAM) prior to award.

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

BID PRICE FORM .................................................................................. Error! Bookmark not defined.

EXTENDABLE/COOPERATIVE PURCHASE FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING VENDOR FORM

BID FORM

BID PRICE FORM

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

Provide your Company’s pricing for completion of full scope of services as specified herein and in the attached supplemental documents.

Location Total Hours

“Per Day” to Clean

Hourly Rate

Daily Amount

Weekly Total

DPW Administration

DPW Engineering

Backflow Office

Water Department

Building Services

Public Services & Highways Bldg

Sewerage & CSO Building

Motor Transport Building

Dearborn (DAC) Administrative Center

TOTAL

OFFER

TO: CITY OF DEARBORN:

The Undersigned hereby offers and agrees to furnish the goods and/or services in compliance with all terms, scope of work, conditions, specifications, and addenda in the Invitation to Bid.

ADDENDA:

The undersigned has read, understands and is fully cognizant of the Information to Respondents, Offer and Acceptance, all Exhibits thereto, together with any written addendum issued in connection with any of the above. The undersigned hereby acknowledges receipt of the following addendum(s): _____, _____, _____, _____ (write “none” if none). In addition, the undersigned has completely and appropriately filled out all required forms.

OBLIGATION:

The undersigned, by submission of this Bid Form, hereby agrees to be obligated, if selected as the

Contractor, to provide the stated goods and/or services to the City of Dearborn, for the term as stated herein, and to enter into an Agreement with the City of Dearborn, in accordance with the Conditions, Scope and Terms, together with any written addendum as specified above (collectively referred to as the

“Form of Agreement”).

COMPLIANCE:

By submitting this Bid Form, the Respondent represents that: 1) the Respondent is in compliance with any applicable provisions of the City of Dearborn’s Charter, and 2) if awarded a contract to provide the

Construction, Goods or Services required in the ITB, the Respondent will comply with the City of

Dearborn’s Charter and Code of Ordinances. These documents can be found on the City of Dearborn’s website on the City Clerk’s page.

NON-COLLUSION:

The undersigned, by submission of this Bid Form, hereby declares that this Bid is made without collusion with any other business making any other Bid, or which otherwise would make a Bid.

BID PRICE:

The undersigned agrees to abide by the pricing contained on the Bid Price Form. I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:

Company Name For clarification of this offer, contact:

Name:

Address

Phone:

City State Zip

Fax:

Signature of Person Authorized to Sign

Email:

Printed Name

Accounting Contact person:

Title

Phone: Fax Date

ACCEPTANCE OF OFFER:

(TO BE COMPLETED BY THE CITY OF DEARBORN)

The Offer is hereby accepted Custodial Services, as specified herein with value not expected to exceed $___________.

The Contractor is now bound to lease the materials listed in the Invitation to Bid, including all terms, conditions, specifications, amendments, etc., and the Contractor's Offer as accepted by the City of Dearborn.

This contract shall henceforth be referred to as DPW & DAC Custodial Services . The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives a purchase order and/or a written notice to proceed from the City of Dearborn.

COUNTERSIGNED:

Abdullah H. Hammoud, Mayor Date

APPROVED AS TO FORM BY:

City of Dearborn Corporation Counsel Date

If the total dollar value of this solicitation is below the City of Dearborn Council threshold, the Mayor and Corporation Council Signatures are not required. A Purchase Order will serve as the notice of acceptance/notice to proceed and will be subject to all terms and conditions as stated in this document.

EXCEPTIONS AND ALTERNATIVES FORM

Failure to complete this form may result in your Bid being…