DPW Canopy Roof Replacement.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

METAL ROOF REPLACEMENT

CONTROL NO. 090926

Issue Date: September 11, 2026

Mandatory Onsite Visit: September 17, 2026 10:00 a.m.

Pre-bid Question Deadline: September 23, 2026 at 1:00 p.m., Local Time

Bid Deadline: September 30, 2026 at 3:00 p.m. Local Time

Uploaded to the website, www.bidnetdirect.com

Purchasing Contact: Jay Andrews, Sr. Buyer

Email: jandrews@dearborn.gov

DESCRIPTION: Bids are being solicited for the removal of an existing roof system and the refurbishment of the superstructure and roofing materials of two heavy equipment canopies, at the City of Dearborn’s Department of Public Works Yard.

This solicitation, along with all Attachments and any addenda issued by the City, must be downloaded from the BidNet Direct website. Proposals must be uploaded to BidNet Direct by the due date and time specified above. Be sure to allow adequate time for the uploading process as late proposals will not be accepted.

NO HARD COPIES ARE TO BE SUBMITTED

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.

CITY OF DEARBORN

INVITATION TO BID Page 2 of 28

4/18/2023

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

BID PRICE FORM

VERIFICATION OF MINIMUM QUALIFICATIONS FORM

EXTENDABLE/COOPERATIVE PURCHASE FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING VENDOR FORM

INVITATION TO BID Page 3 of 28

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.

b) Bids must be electronically uploaded to the MITN (www.mitn.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 MITN directly at (800) 835-4603. The MITN 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.

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 MITN 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 http://www.mitn.info/

INVITATION TO BID Page 4 of 28 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 (MITN) 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.

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

15) 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 10% of the lowest bid shall be deemed the lowest bidder. 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.

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

PROHIBITED BY CITY ORDINANCE.

INVITATION TO BID Page 5 of 28

SPECIFICATIONS/SCOPE OF WORK

INTRODUCTION: Through this Invitation to Bid (ITB), the City of Dearborn (City) hereby invites businesses that meet the qualifications set forth herein to submit bids for the removal of existing roof system and new installation of canopy roof on two, open-sided Heavy Equipment buildings at City of Dearborn’s Department of Public Works yard at 2951 Greenfield Road. Work to include sandblasting and painting of existing canopy structures.

1) Contractors to view the building structure at the mandatory site bid meeting and verify their own measurements, buildings structural elements and site

2) 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:

a) The Respondent, its subcontractor, or its key personnel must have five years of similar experience.

b) The Respondent must have performed under least three similar contracts within the last five years.

(Proof of experience must be provided in the form of references.)

3) SCOPE OF SERVICES:

Provide all skilled trade services, materials and equipment for removal of existing roof system off-site to a licensed landfill composed of welded metal deck system, plywood/sheathing, built-up ballasted asphalt roofing (complete roofing system). Preparation of structural steel for paint coating system which comes in direct contact with the corroded (rusted) top bar joist cords, L angles (originally paint-coated with lead paint) and it’s edging as well as any other structural members such as C channels (minimum ½” fascia at eves and rakes), girders or cross bracing. The building size

(2) are approximately 180’L x 60’W x 22’H which roof system is to be replaced. Stamped engineered drawings are required for the new roof system which includes but not limited to all implied loads, uplift, live and dead loads which bear on structural columns, girders, purlins, C channel, bar joists, lateral bracing, roof sheathing and fastening system. The preparation of existing steel in contact with flaking corrosion (rust) on the bar joists top cords and its edging and other structural members in direct contact with the new metal roof system which tested positive for lead paint to be removed by a qualified licensed paint contractor (or abatement company) for both removal of lead paint and new paint coating system of the buildings structural steel. Removal of existing corroded metal originally coated with lead paints to standard of SSPC-SP3 power tool cleaning with mechanical means - grinding with shrouded tooling (or chemically) with HEPA filter vacuum system and containing all residual rust or remaining coating and removal off site to licensed disposal site for contaminated materials. Associated electrical work, lighting, and power by City of Dearborn or contracted electrician and coordination with the project.

4) Contractor Responsibilities

• Contractor to provide before and after photos and turn over to owner for record keeping.

• Damages to building (or building components such as existing bar joists during removal/ demolition of existing roofing system) resulting from improper workmanship or techniques are the sole responsibility of the Contractor.

• Contractor to provide all samples of products.

• Contractor to provide all measures for demolition, removal of existing corroded (rust) from flaked steel or lead coatings and disposal for all materials removed off site with documentation to licensed landfill and or hazardous waste center/landfill.

• Any damage of steel metal bar joist during demolition phase or installation of roofing systems are the responsibility of the contractor which will require approved stamped drawings for replacement of bar joists and necessary repairs of bar joists and any associated steel members by contractor’s structural engineer.

Commented [1]: @jandrews@dearborn.gov confirming this should be removed based on conversations with Jeff K.

_Assigned to jandrews@dearborn.gov_

INVITATION TO BID Page 6 of 28

• The roofing contractor will be the prime contractor for the entire project and to self-perform all roof system installation work. Subcontracting permitted by the prime roofing contractor to a qualified licensed painting contractor with licenses for removal of lead paint (or by the paint contractors licensed lead abatement company) with proof of certifications for removal, handling and disposal to a licensed disposal/landfill center. Subcontracting permitted by prime roofing contractor to qualified demolition contractor of existing roof system or self-performed. The prime roofing contractor must bid all alternates.

• Contractor to field verify all building dimensions and conditions at the site-visit. Original building drawings have been provided for reference. Stamped structural engineered drawings required for new roofing system. Prime roofing contractors structural engineer to review and calculate existing building for metal roof system.

• Roofing contractor as is required to be the prime contractor subcontracting to qualified painter contractor with license to remove and dispose of lead paint chips.

• Coordination with City of Dearborn representatives as required for continuous flow of project without delays between all trade work. Provide a schedule of all work in scope as the roofer is the primary contractor.

• All removal in conjunction with state and federal laws for lead paint removal and disposal.

• All submittals of products and methods with approval from manufacturers.

• All work in compliance with all applicable local, State and Federal regulations, zoning ordinances, and building codes as well as MIOSHA guidelines.

• Contractor must provide barricades and other safety equipment to secure the work area.

• All debris generated by Contractor must be removed and disposed of off-site daily or in a contractor-provided dumpster in a legal manner.

• Typical work hours: 7:00 AM to 6:00 PM Monday – Friday. City has option of extending for Saturday

7:00 AM – 4:00 PM if required due to known lost work days due to inclement weather conditions or forecasted weather conditions.

• Contractor must store material, supplies and equipment in a neat and orderly manner so as not to unduly interfere with City personnel, vehicles or the public.

• Contractor must keep driveways and doorways clear at all times.

• Contractor shall not unload, move, host and/or store material or equipment so as to interfere with public or employee access.

• Location of material, equipment storage, vehicle parking and staging areas shall be established after award of contract at pre-award/pre-construction meeting.

• At the end of the workday the contractor shall conduct an inspection of the project area and take steps to ensure that the entire work area is clean, safe and secured.

• Contractors and their employees must act in a polite and professional manner toward all parties encountered during this project.

• Smoking is prohibited within or around City buildings and all food, drink containers etc. on city property will be properly disposed of, a clean and litter-free work site is required.

• Contractor shall use every available precaution to provide for the safety of City employees and visitors to the site, and as well all contractor personnel connected with the work being performed.

• Once the contractor begins working on the project, the contractor must continue the work until it is completed. Any gaps of labor on site delaying completion within 60 calendar days without cause can result in contract deductions of $300/day for acceptance of base bid, alternate 1, 3, and 4. 80 calendar days for alternate 2. A start and finish date for this project is to be coordinated between

INVITATION TO BID Page 7 of 28 the selected contractor and the City Project Manager with an expectation of no later than 14 days after a fully-executed contract has been issued.

• Contractor must provide a minimum two-year warranty on craftsmanship related to work performed and all manufacturer warranties. State manufacturer warranty in ITB for each manufacture’s product.

• The contractor is required to provide, from project start to completion, one designated project manager for total management of the project and one foreman as lead tradesmen on-site. The designated foreman is required to be on site daily to supervise the contractor’s journeymen, and work crew. The designated foreman shall have a proven record to execute all work with similar commercial / industrial building restoration.

• Work is to be scheduled in coordination with City Officials.

• Once the project begins, if the contractor cannot work due to weather conditions only, the contractor must notify the city representative prior to the start of work day or during the day when the contractor must stop work.

• All permits, fees and inspections are required by the City of Dearborn Building Department. Any fees associated with permits and inspections will not be waived and are the responsibility of the contractor.

• Provide manufacturer warranty on roof system and manufacturer representative acceptance.

• Provide a 2-year warranty on workmanship.

• Temporary facilities are the responsibility of the contractor.

• Contractor shawls submit a schedule with its bid for review/approval of the City.

• Contract shall indicate fabrication of roof panels in schedule with lead time(s) with alternate vendor sources and (if any) add costs.

5) City of Dearborn Responsibilities

i) The City will provide a dedicated project manager to coordinate the work being performed with the contractor.

ii) The City agrees to give the contractor appropriate access to work areas.

iii) The City agrees to provide a work staging area for the duration of the project.

6) PRODUCT MINIMUM SPECIFICATIONS:

a) Flexospan- Flexbeam (or equal in Flexospan product line): Full sheet panels, 22 gauge metal roofing (or alternate minimal gauge thickness) as per manufactures stamped engineering drawings for open framed spans. Roof panels for commercial/industrial applications only.

b) Firestone Building Products-VR Omega Una-Clad UC-6 metal roof system (or equal in Firestone product line): Full sheet panels, 22 gauge metal roofing (or alternate minimal gauge thickness) per manufactures stamped engineering drawings for open framed spans. Roof panels for commercial/industrial applications only.

c) MBCI- PBR – (or equal in MBCI product line): Full sheet panels, 22 gauge metal roofing (or alternate minimal gauge thickness) per manufactures stamped engineering drawings for open framed spans. Roof panels for commercial/industrial applications only.

d) McElroy Metal: MegaRib (or equal in McElroy product line), 22 gauge metal roofing (or alternate minimal gauge thickness) per manufactures stamped engineering drawings for open framed spans.

Roof panels for commercial/industrial applications only.

e) Or equal to manufacturer a-d (with city approval) of 22 gauge metal roofing (or alternate minimal gauge thickness) per manufactures stamped engineering drawings for open framed spans. Roof panels for commercial/industrial applications only, if fabrication of manufactures a-d above lead times do not meet the demand of the schedule. A-d manufactures letters with fabrication lead times will be required.

INVITATION TO BID Page 8 of 28

f) Galvalume coated- Kynar 500/Hylar 5000- Fluorocarbon ASTM A 792 manufactures warranty, minimum 20 years on finishes.

g) Color-standard colors top side exposure UV, white bottom side

h) Fastening- galvanized sealing headed Tek screw through fasteners – verify fastening system per engineered drawings.

i) Work in accordance with roofing and siding panels section 07400

j) Painting: Manufacturer: Sherwin Williams

k) Steel- Primer Coat: Macropoxy 920 Pre-Prime Rust Penetrating Epoxy Pre-Primer Transparent Part A

l) Intermediate Coat: Macropoxy 646 Fast Cure Epoxy Part A Mill White

m) Finish Coat: Hi-Solids Polyurethane Gloss (part S) Extra White/Time Base Part S (Tint Gray)

n) Work in accordance with Division 09 91 00 – Paint Finishes -High Performance Coatings

o) Removal of Lead Paint in compliance with OSHA Lead Standard for Construction 1926.62

p) Color at truss steel AMSO#61 Gray or other standard selected colors reviewed and selected by owner.

q) Preparation: Removal of rust and any existing paint coatings from of top of bar joist top cord angle and joists side only- removal of existing lead paints and remains of rust from lead paints or rusted steel by mechanical means- grinding with rotary vacuum shrouded hand tooling (or needle gun) with HEPA vacuum for containing residual contaminated rust.

r) Color at columns and bollards- safety yellow if selected as alternate

s) Disposal of all materials (existing roofing and paint coatings paint was tested positive for lead- (Mannick Smith Associates 2016) in legal manner off site in approved waste site.

t) Roofing contractor as is required to be the prime contractor subcontracting to qualified painter contractor with license to remove and dispose of lead paint chips.

u) Coordination with City of Dearborn representatives as required for continuous flow of project without delays between all trade work. Provide schedule of all work in scope as roofer is the primary contractor.

v) All removal in conjunction with state and federal laws for lead paint removal and disposal

i) Firestone Quick Seam Flashing 5” EPDM

ii) Firestone Quick Prime Plus or Quick Scrubber Plus pad

iii) Apply Firestone Quick Primer Plus for adhering to clean top surface of metal bar joist to

Firestone 5” Quick Seam Flashing 5” for indirect contact metal bar joist to metal roof

iv) All preparation of surfaces

v) Provide adequate means of temporary containment with use visqueen or tarps

(fastened/supported) around perimeter of building/ existing roof system prior to roof system demo for sandblasting. Contractor to provide temporary lighting as needed and power generation of any equipment or tooling for project.

vi) Use common trade industry standards for the means and methods of removal of existing paint and in combination with sandblasting to SP6 standards or rust by blowing down with compressed air and then hand scrape loose rust or remains of original paint (SSPC-SP3 hand tool cleaning) for preparation of all structural metal surfaces of building- including all column steel, main girders, bar joist, C channels , X-bracing, bollards. Visual surface preparation free of all loose rust, loose coatings uniformly removed.

vii) Steel- Primer Coat: Macropoxy 920 Pre coat -Prime Rust Penetrating Epoxy Pre-Primer Transparent Part A

viii) Intermediate Coat: Macropoxy 646 Fast Cure Epoxy Part A Mill White

ix) Finish Coat: Hi-Solids Polyurethane Gloss (part S) Extra White/Time Base Part S (Tint

Gray) B65W311 and B65WJ311 (consult Sherwin Williams Marine/Industrial paint representative.

x) LBC- Lead Barrier Compound (exterior) or equal in conjunction with existing lead coating on steel and paint preparation for Sherwin Williams industrial coatings

INVITATION TO BID Page 9 of 28

xi) Color at truss steel AMSO#61 Gray or other standard selected color

xii) Provide warranty of coating system for this alternate.

xiii) Removal of rust and any existing paint coatings from of top of bar joist top cord angle and joists side only- removal of existing lead paints and remains of rust from lead paints or rusted steel by mechanical means- grinding with rotary vacuum shrouded hand tooling (or needle gun) with HEPA vacuum for containing residual contaminated rust.

xiv) Firestone Quick Seam Flashing 5” EPDM

xv) Firestone Quick Prime Plus or Quick Scrubber Plus pad

xvi) Apply Firestone Quick Primer Plus for adhering to clean top surface of metal bar joist to

Firestone 5” Quick Seam Flashing 5” for indirect contact metal bar joist to metal roof

INVITATION TO BID Page 10 of 28

SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS

1. SUBMISSION REQUIREMENTS: The entire bid must be uploaded to the MITN 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 one time purchase. 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 by item; however the City of Dearborn reserves the right to award as a whole, 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 6 months of the Notice of Award.

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.

Samples of the equal must be submitted to the Purchasing Division by the pre-bid question deadline date listed on the cover page. 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. Coverage must include

(a) Underground damage to facilities due to drilling and excavating with mechanical equipment.

(b) Collapse or structural injury to structures due to blasting or explosions, excavation, tunneling, pile driving, cofferdam work, or building moving or demolition. 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.

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

INVITATION TO BID Page 11 of 28 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) Owner’s Protective Liability: Bodily injury and property damage protection, including general supervision of work performed shall be extended in the name of the City of Dearborn and all agent and employees thereof as the named insured. The minimum limit shall be $1,000,000.

c) Property Insurance. “All-risk” builders’ risk insurance insuring against all risks of physical loss or damage to the Work, including all labor, materials, supplies, machinery, equipment, fixtures, temporary structures, and all other work of whatsoever nature, used or to be used in or incidental to the construction, fabrication, erection or completion and testing of the Work, until Final Completion. Limits of liability under such policy shall be 100% of the replacement value of the Work, with no co-insurance penalties. Such insurance shall include coverage for loss or damage while in transit (anywhere in the world) and while in storage away from the site, coverage against the perils of earthquake and flood, boiler and machinery losses, debris removal, including demolition occasioned by enforcement of Applicable Laws, and extra expense losses subject in each case to sub-limits of coverage approved by the City of Dearborn. Deductible or self-insured retentions shall not be greater than $10,000.00 per occurrence. The Contractor shall pay the deductible portion of any loss or damage to the Work covered by the builders’ risk policy.

d) 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.

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) Commercial Umbrella/Excess Liability: Commercial umbrella or excess liability coverage afforded over the general, automobile and employer’s liability for limits of not less than $3,000,000 per occurrence.

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

g) 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.

INVITATION TO BID Page 12 of 28

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

(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.

mailto:ap@ci.dearborn.mi.us

INVITATION TO BID Page 13 of 28

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 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.

c. 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.

d. 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

INVITATION TO BID Page 14 of 28 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.

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) 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.

21) 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.

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

23) 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.

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

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

INVITATION TO BID Page 15 of 28

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

BID PRICE FORM

VERIFICATION OF MINIMUM QUALIFICATIONS FORM

EXTENDABLE/COOPERATIVE PURCHASE FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING VENDOR FORM

INVITATION TO BID Page 16 of 28

BID FORM

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

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…