Engineering Design and Construction Services for Existing City Local and Major Roads - Phase 2.pdf

Respondent Name: _______________________

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

ABDULLAH H. HAMMOUD, MAYOR

REQUEST FOR PROPOSAL

FOR

Engineering Design and Construction Services for Existing City Local and Major Roads, Including Traffic Calming Initiatives and Water Main

Replacement – Phase 2

CONTROL NO. 081326B

DEARBORN JOB NO. 2027-017

Issue Date: 08/13/2026

Pre-bid Meeting: 08/20/2026 at 3:30 p.m. IN-PERSON OR VIRTUAL 2951 Greenfield Road, Dearborn, MI 48120 (Door 3) Pre-Bid Meeting for RFP for Engineering Design and Construction Services https://meet.google.com/mnh-rzgi-yaj

Pre-proposal Question Deadline: 09/02/2026

Proposal Deadline: 09/16/2026, at 3:00 p.m., Local Time Uploaded to www.mitn.info

Purchasing Contact: Mark Rozinsky, Purchasing Manager 313-943-2484 / mrozinsky@dearborn.gov

DESCRIPTION: Proposals are being solicited for the purpose of contracting for professional engineering design and construction engineering services for existing city local and major roads, including traffic calming initiatives and water main replacement.

This solicitation, along with all Attachments may be downloaded from the Michigan Intergovernmental Trade Network (MITN) website at www.mitn.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 MITN website.

Submittals must be uploaded to the MITN website by the due date and time. Allow time for the uploading process. Late submittals will not be accepted by the system. There will not be an opening due to the nature of the solicitation. NO HARD COPIES ARE TO BE SUBMITTED.

https://meet.google.com/mnh-rzgi-yaj http://www.mitn.info/ mailto:mrozinsky@dearborn.gov

CITY OF DEARBORN

TABLE OF CONTENTS

TABLE OF CONTENTS

RFP INSTRUCTIONS

SCOPE OF WORK AND SPECIFICATIONS

GUIDELINES FOR SUBMITTALS………………………………………………………………………………9

SPECIAL CONTRACT TERMS AND CONDITIONS

STANDARD TERMS AND CONDITIONS OF AGREEMENT

REQUIRED FORMS

PROPOSAL FORM

EXCEPTIONS AND ALTERNATIVES FORM

VERIFICATION OF MINIMUM QUALIFICATIONS FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING VENDOR FORM

COST DETAIL SHEET ....…………………………………………………………….…Attachment 1 (1 page) ENGINEERING SPECIFICATIONS & REQUIREMENTS……………………….…Attachment 2 (4 pages) ATTACHMENTS A, B & C………………….…….…….…….…….…….…….…….…….…….……(9 pages) LOCATION MAPS……………..……………………………………………………….Attachment 3 (2 pages) SAMPLE DESIGN DRAWINGS……………………………………………………….Attachment 4 (4 pages)

RFP INSTRUCTIONS

1) PRE-PROPOSAL INFORMATION AND QUESTIONS: Each proposal that is received by the deadline will be evaluated on its merit and completeness of all requested information. In preparing proposals, Respondents are advised to rely only upon the contents of this RFP 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 RFP package, or requires any written addendum thereto, the Respondent is requested to notify the Purchasing contact noted on the cover of this RFP, so that written clarification may be sent to all prospective Respondents. THE CITY IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS. All questions must be submitted in writing to the Purchasing contact before the Pre-Proposal Question Deadline indicated on the front of this document. No contact regarding this document with other City employees is permitted. All answers will be issued in the form of an addendum.

a) All questions must be submitted in writing to the Purchasing contact before the pre-proposal

Question Deadline indicated on the front of this document.

b) No communication is permitted between Proposers and other City of Dearborn Departments or

Divisions prior to the award of the proposal unless sanctioned by the Purchasing Division.

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

3) RFP MODIFICATIONS/ADDENDA: Clarifications, modifications, or amendments may be made to this RFP 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 Proposal Form of this RFP. Failure to acknowledge Addenda may result in your proposal being deemed non-responsive and rejected without any further evaluation. If any changes are made to this RFP document by any party other than the City, the original RFP document and associated Addenda in the City’s files shall take precedence.

4) PROPOSAL SUBMISSION: The Respondent must include the following items or the proposal may be deemed non-responsive:

i) All forms contained in this RFP, fully completed

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

a) Proposals must be electronically uploaded to the MITN (www.mitn.info) website by the due date and time. Allow sufficient time to go through the uploading process. Submit a single file, in PDF, with a size limitation of 20MB. If the file size exceeds 20 MB, please upload in 20 MB increments.

For assistance on how to upload, contact MITN directly at (800) 677-1997. 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.

b) Submission of a proposal establishes a conclusive presumption that the Respondent is thoroughly familiar with the Request for Proposal (RFP), 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 RFP.

c) All prices and notations must be filled in. If not offering on a line item, you must write in “N/A” or “No Offer.” Mistakes may be crossed out and corrections must be initialed by the person(s) signing the bid.

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

e) Proposals must be held firm for a minimum of 90 days.

http://www.mitn.info/

I. WITHDRAWAL: Proposals may only be withdrawn by written notice prior to the date and time set for the opening of proposals. No Proposal may be withdrawn after the deadline for submission.

II. 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.

III. REJECTION: The City reserves the right to reject any or all proposals, or to accept or reject any proposal in part, and to waive any minor informality or irregularity in proposals received if it is determined by the Purchasing Agent that the best interest of the City will be served by doing so. If all Proposals are rejected by the City, notice will be posted on the City’s websites as noted on the Cover Page of this document. No Proposal will be considered from any person, firm or corporation in arrears or in default to the City on any contract, debt, or other obligation, or if the Respondent is debarred by the City from consideration for a contract award, or if Respondent has committed a violation of the City’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.

IV. PROCUREMENT POLICY: Procurement for the City 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. The Purchasing Agent has the vested authority to execute a contract, subject to Mayoral and/or Council approval where required.

V. PROPOSAL SIGNATURES: Proposals 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 if the Respondent is determined to be the most responsive and responsible Respondent. The resulting contract is not binding until fully executed by both parties should the contract require Council approval.

VI. CONTRACT AWARD: The City reserves the right to award by item, group of items, or total proposal.

The Respondent to whom the award is made will be notified at the earliest possible date. Tentative acceptance of the proposal, intent to recommend award of a contract and actual award of the contract will be provided by written notice sent to the Respondent at the address designated in the proposal.

After a final award of the Agreement by the City of Dearborn, the Contractor must execute and perform said Agreement upon full execution by both parties. The date on which the Agreement is signed by the City of Dearborn marks the beginning of the Agreement and shall be binding.

VII. NO RFP RESPONSE: For those Businesses who receive this RFP but who do not submit a response, it would help the City of Dearborn if you would please return a notice of why you have chosen not to respond.

VIII. FOIA REQUIREMENTS: Proposals are subject to public disclosure after the deadline for submission in accordance with state law.

IX. CITY SEAL USAGE – USE OF THE CITY SEAL WITH YOUR SUBMITTAL IS STRICTLY PROHIBITED BY

ORDINANCE.

X. AWARD OF CONTRACT: Contract award is contingent upon approval of the bond and funding. The selected engineering consultant will not be compensated if the contract is not awarded and/or the project is canceled.

SCOPE OF WORK AND SPECIFICATIONS

Professional Engineering Design and Construction Services for Existing City Local and Major Roads, Including Traffic Calming Initiatives and Water Main Replacement is being solicited.

Through this Request for Proposal (RFP), the City of Dearborn hereby invites experienced engineering firm defined as “ENGINEERING FIRM” or “CONSULTANT” or “ENGINEER” or “AWARDED FIRM” which meet the qualifications set forth herein to submit proposals to provide the services as outlined in the scope of services.

Scope of Services

The City of Dearborn is seeking to improve approximately 8 to 10 miles of existing roadways that are in poor condition, with PASER ratings ranging from 1 to 3. Engineering design and Construction engineering services are required to design and implement these improvements.

A. Scope of Engineering Design Services The scope of the engineering design services includes:

a. Topographical survey

Engineering firm shall provide a topographical survey in accordance with the City of Dearborn Engineering Specifications & Requirements. Refer to “Attachment 2” & “Attachments A, B & C”

b. Base Plan Preparation through CAD Engineering firm shall utilize the survey data to prepare base plans. The base plan design shall include a conceptual layout showing existing R.O.W. and utility information. The plans shall be prepared in AutoCAD format and in accordance with the City of Dearborn Engineering Specifications & Requirements. Refer to “Attachment 2” & “Attachments A, B & C”

c. Utility Coordination Engineering firm shall submit Design tickets through MISS DIG. Where potential utility conflicts are anticipated, engineering firm shall coordinate with utility representatives to discuss and resolve conflicts. Engineering firm shall coordinate meetings with all utility representatives along with conceptual base plans provided to all meeting attendees. Conflicts with the proposed water main and sewer mains shall be identified and resolved.

d. Geotechnical Investigation Engineering firm shall coordinate with the City’s material testing consultant Intertek-PSI to perform all necessary pavement cores, soil bores and/or environmental assessments as-needed.

e. Traffic Calming Initiatives Engineering firm shall perform a Traffic study for all the project’s roads in accordance with the methodologies and practices published by the Institute of Transportation Engineers (ITE) and the applicable requirements of the City of Dearborn.

The study will include -but not limited to- traffic data collection, crash analysis, analysis of existing traffic conditions and proposing of adequate traffic calming initiatives.

Based on the outcomes of the traffic study, the Engineering firm shall prepare standard universal details, construction drawings and specification for the recommended traffic calming initiatives.

f. List of Design Entities

• Water main replacement design including copper water services transfer and lead water services replacement

• Sewer separation design (Monroe)

• Concrete pavement design (Monroe)

• 6-foot wide integral curb & gutter design (at locations with water main replacement)

• 2-foot wide integral curb & gutter design (at locations with road construction only)

• Hot mix asphalt resurfacing design

• ADA-compliant sidewalks, ramps and driveway aprons design Design drawings shall include -but not limited to- proposed plan view with profile on same sheet, schedule of pay items, and design notes & call-outs.

g. Permits’ Acquisition

• Railroad

• Wayne County Department of Public Services (WCDPS)

• Michigan Department of Transportation (MDOT)

• Michigan Department of Environment, Great Lakes, and Energy (EGLE)

h. Issued-for-Construction Plans Preparation The final plans shall include the general plan, lead water service replacement and copper water service transfer details, lead water service action items, typical cross sections, water main construction sheets, sewer construction sheets, pavement construction sheets, utility construction details, and the City of Dearborn standard sheets. Refer to “Attachment 4”. Full set of previous City of Dearborn Issued-for-Construction drawings will be provided to the awarded firm.

i. Final Contract Specifications Preparation The contract shall include -but not limited to- the schedule of bid items, contract forms, specifications, special provisions, and the terms & conditions and shall be prepared complying with the City of Dearborn Engineering Division standard contract format. A previous City of Dearborn executed contract will be provided to the awarded firm.

j. Engineering Opinion of Cost Estimate and Construction Schedule Preparation

Engineering Design Services shall be accomplished in a six-months duration after contract execution with the awarded consultant, so that the City preserves the following bid and construction schedule:

a. Invitation to Bid: The Invitation to Bid for contractors is anticipated to be issued in June 2027 or earlier. Bids are expected to be opened in July or August 2027.

b. Tabulation of Bids and Contractor Selection: Bid tabulation and contractor selection are anticipated to occur in August or September 2027.

c. Contract Award: The construction contract is anticipated to be awarded to the selected contractor in

December 2027.

d. Construction: Construction is anticipated to commence in mid-March 2028.

The general requirements of the engineering design services include:

a. The Consultant is to be a nationally recognized firm with at least 20 years of experience in the evaluation, design, modification, and construction of water main & sewer mains and local & major roadway improvements in major urban areas with populations of at least one hundred thousand people that were built between 1900 and 1960.

b. It is expected that the Consultant and their team members have significant experience with this type of project. It is expected that individuals overseeing and managing this project are licensed professionals. The successful Consultant shall be considered and shall remain an independent contractor throughout the term of any contract award pursuant to this Solicitation.

c. The Consultant shall be solely responsible for scheduling and coordinating of the work of the sub-contractors and other individuals or entities performing or furnishing any work under direct or indirect contract with the Consultant.

d. Responsibilities shall include preparing bid documents, contracts and change orders. The Consultant will conduct field inspections to collect data, verify existing/actual conditions, and ensure conformance with the City of Dearborn Engineering requirements for plans & specifications.

e. The Consultant will report to the City Engineer & the Engineering Division and will work under the general guidance of City’s policies and procedures and applicable Federal, State and local regulations.

f. Project Work Plan (PWP) – The Consultant shall prepare a PWP, which shall be subject to review and approval by the DPW Director and City Engineer. This document shall include Consultant project team’s organization, schedule of meetings, list of tasks, timeline for deliverables, and any other required actions for the completion of each project. The Consultant shall manage overall communication and coordination of the project.

g. Kickoff Meeting – The Consultant shall attend a project kickoff with key members of the City and other stakeholders to review the project work plan and discuss the approach to the project.

Meetings dates & times shall be chosen by the DPW Director and City Engineering Division.

h. Technical Advisory Group (TAG) – Consultant shall engage, inform, and rely upon a TAG identified by the City whose members will assure their respective departments’ goals, policies, plans and constraints are understood and considered during the planning stages of the project.

i. Data Needs Request and Data Exchange – The Consultant shall submit to the City a written request for data, plans, policies, procedures, maps, reports and any other materials required to conduct the work as described in this RFP’s scope of work.

j. Consultant shall establish and maintain coordination procedures between all project participants.

k. Consultant shall coordinate and manage with the City Engineering Division the bidding processes for the project’s construction. The Consultant will coordinate with the City Engineer and Purchasing Department all requirements for insurance, bonds, and other such financial and legal document requirements. Bids will be released and opened by the City of Dearborn.

l. Consultant shall perform on behalf of the City Engineering Division the acquisition for all permits for the project and filing of all documents needed for the required approvals of the project.

B. Scope of Construction Engineering Services The scope of the engineering construction services includes:

a. Consultant shall perform construction staking for water main, sewer, and pavement construction and shall prepare cut/fill sheets. Refer to attachment C.

b. Consultant shall establish, implement, and maintain quality assurance/control procedures for the construction work.

c. The Consultant shall provide continuous on-site management services and shall be responsible for controlling site access. This includes being responsible for the coordination of all construction activity, recommending various courses of action when construction contractors are not performing work in accordance with contract documents, conducting regular onsite coordination meetings, and implementing quality assurance measures.

d. The Consultant shall schedule all necessary material testing with the City’s material testing consultant PSI-Intertek including concrete, HMA and compaction testing. The Consultant shall schedule the water main bacteriological testing with the City’s consultant RTI.

e. The Consultant shall provide construction administration, construction documents’ control, construction office technician and construction inspection; with weekly accomplishments to be reported to the City of Dearborn in a form of a written report.

f. The Consultant shall conduct a pre-construction meeting prior to start of construction inviting all contractors, utility companies, applicable government agencies and applicable City departments & divisions. The consultant shall prepare & distribute meeting agendas and minutes to all parties involved.

g. The Consultant shall negotiate change orders with construction contractors and sub- Contractors.

h. The Consultant shall maintain project records and documentation. The Consultant shall prepare all daily inspection reports, SESC inspection reports, testing reports (including water main pressure testing), as-builts and monthly pay estimates.

i. The Consultant shall review the contractor’s material submittals, mix designs and shop drawings and provide comments as needed.

j. The Consultant shall track construction costs and maintain detailed construction cost records.

k. The Consultant shall respond to requests-for-information and provide clarifications & interpretations of Project contract documents to the construction contractor and sub-contractors.

l. The Consultant shall review and monitor the contractor’s comprehensive safety program throughout the Project’s duration.

m. The Consultant shall update the construction schedule which will be used for monitoring and enforcing of the Project’s progress. This update will be submitted monthly for City staff review.

n. The Consultant shall schedule and conduct regular construction team meetings to be attended by City staff and all contractors who are working on-site or starting in the near future to review construction progress, scheduling, problems, etc. The Consultant shall prepare & distribute meeting agendas and minutes to all parties involved.

o. The Consultant shall review the contractor’s payroll and processes to ensure all city, state and federal requirements are being met. The consultant shall conduct on site wage interviews when requested.

p. The Consultant shall track construction documents for the Project. This will include all contract drawings, specifications, addenda, change orders and other modifications, in good order and clearly marked for all changes to be submitted to the City.

q. The Consultant will schedule and conduct final inspections; which include field inspections, coordination with agencies having jurisdictions, issuance of Corrective Work Items & Punch Lists, review of compliance, and advising the city. The consultant shall schedule the final walkthrough with the City of Dearborn Water Division.

r. Consultant will assist in solving unsettled claims or disputes.

s. When final punch list items have been completed or resolved, Consultant will prepare documentation recommending acceptance of the complete project by the city.

t. After completion of the project, Consultant will turn over project documentation to the city in an orderly manner.

u. Consultant shall provide a 12-hour hotline to respond to residents’ calls and inquiries and shall maintain a log of all resident correspondence. The Consultant shall provide the City with a copy of such log on a weekly basis.

v. Consultant shall distribute notices to affected residents by water shut off, concrete pouring, HMA resurfacing and grass restoration.

w. Consultant staff shall respond to resident’s inquiries in the field in a professional manner and report all interactions & incidents in the inspector’s daily report.

x. Consultant shall prepare and perform public presentations for residents when needed.

y. Consultants shall coordinate all road closures and traffic shifts with City of Dearborn departments & divisions.

z. Consultant shall coordinate with all governmental entities, utility owners and railroad companies all necessary inspections and permits’ close-out requirements.

The following document will be attached with the proposal as “Attachment 3” and will become part of the proposal: Location Maps (2 pages).

The awarded consultant will be assigned a list of streets from the location map by the City.

Guidelines for Submittals

The following guidelines detail the information required in this RFP to be submitted by qualified firm to the City of Dearborn.

Neither the submission of, nor acceptance of, any submission shall constitute a contract between any individual, firm, and the City of Dearborn. No such contract shall exist unless, and until an agreement is signed by authorized representatives of the City of Dearborn and the successful firm.

The City of Dearborn reserves the right to accept any submission, reject any submission, or waive irregularities in submissions.

SCORING FOR THE EVALUATION OF STATEMENTS OF QUALIFICATION

A. Understanding of Service The Consultant shall assign a Project Manager for the project who will be responsible for the project.

The Project Manager will communicate directly with the designated city staff for the project and conduct biweekly progress meetings with the designated City staff.

The Consultant shall describe understanding of the services required. The Consultant shall Include any work item that he/she believes should be added to the scope of services or any work item that is in the current scope of services which he/she believes should be altered.

B. Qualification of Team The scoring for qualifications of team will be based on the following information:

1. Structure of the Project Team (Personnel and Roles). The project team shall consist of a Project Manager, Technicians and other staff as required. Describe the structure of the project team, including the roles of all key personnel and estimated hours to be spent by each person in below tabulated format.

2. The Consultant shall supply the name and resume of key personnel proposed for this service. Any change in key personnel or their capacity level must have written approval of the City as far in advance of the proposed change as possible.

3. Staff Service Experience. Provide résumés for each of the key staff. The résumé is limited to three pages per key staff member. In addition to general résumé information, the following information should be provided for service experience that is similar to the service being solicited:

a. General description of the service.

b. Role of person in the service.

c. Service budget.

CRITERIA POINTS POSSIBLE

A. Understanding of Service 30 B. Qualifications of Team 30 C. Experience and Past Performance 20 D. Cost 20

TOTAL POINTS POSSIBLE 100

d. Year service was completed.

e. Name of client (agency or company).

f. Role of Consultant in the service.

g. Name and phone number of a person to contact for client (agency or company).

h. If the service is a service related to a construction project, provide the route name, limits of construction, construction budget, and general description of the type of construction.

C. Past Performance The Consultant shall submit experience with type of service performed in the last ten years. Provide the previous client’s contact information.

The Project Manager shall submit experience with type of service performed in the last ten years.

Provide the previous client’s contact information.

D. Cost Indicate the hourly rate including all overhead, profit and travel time with following format. Cost detail sheet is required – see attachment 1.

GENERAL SUBMITTAL REQUIREMENTS

A. NUMBER OF COPIES: The entire response must be uploaded to the MITN website only. Do not submit a hardcopy. Allow sufficient time to upload to the website. It is preferred that one file, in PDF, be submitted with a single file size limitation of 20MB. The City is not responsible for failure to have the submittal uploaded in a timely manner.

B. PROPOSAL FORMAT: Responses shall be addressed in the same order as the requirements listed above to ensure the Evaluation Team is able to easily locate the information that is requested in this solicitation.

C. PROPOSAL CONTENT: The Respondent must include the following items or the proposal will be deemed non-responsive and rejected without any further evaluation.

ii) All general forms contained in this RFP, fully completed. Businesses that have done work for the City of Dearborn in the past are not exempt from submitting required documents.

iii) A complete response to each of the Submittal Requirements.

SHORTLISTING: The City may shortlist the Respondents based upon responses to the above items. If necessary, the city will conduct interviews/demonstrations. The city will notify each Respondent on the shortlist, if such presentation is required. These presentations will provide an opportunity for the Respondents to respond to questions posed by the Evaluation Team and to clarify their proposals through exhibition and discussion. The city will not reimburse oral presentation costs of any Respondent. The City reserves the right to modify scoring based on its findings from interviews/demonstrations.

SPECIAL CONTRACT TERMS AND CONDITIONS

1. CONTRACT TERM: The fully executed contract is for a term through two years or December 15, 2023, whichever comes first.

2. NEGOTIATION: Quantities, services, and prices listed in the Scope of Work and in the Respondent’s response to this RFP may be subject to negotiation. Any agreements resulting from negotiation that differ from what is presented in this RFP or in the Respondent’s response shall be documented and included as a part of the final contract.

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.

3. 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.

b) 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”.

c) Professional Liability Coverage: Professional Liability (Errors and Omissions) or Medical Malpractice, as applicable, 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.

Coverage is afforded on a claims-made basis, 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) 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. The minimum limit shall be $1,000,000.

e) 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.

f) Endorsement - Other: For the above General Liability and Workers Compensation insurance, the policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

g) 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.

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 are 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.

4. KEY PERSONNEL AND SUBCONTRACTORS: It is essential that the Contractor provides adequate experienced personnel and subcontractors, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.

a) The Contractor agrees that, once assigned to work under this contract, key personnel and subcontractors shall not be removed or replaced without written notice to the City.

b) If key personnel and subcontractors are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall if needed, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

c) The use of any subcontractor is subject to pre-approval by the City of Dearborn’s Contract Administrator and Purchasing Department.

STANDARD TERMS AND CONDITIONS OF AGREEMENT

1) Assignment/Transfer: Assignment or transfer of this 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) 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.

3) Invoices: 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).

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

5) 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.

6) 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.

7) 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.

8) 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.

9) 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.

10) 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.

11) Records and Right to Audit: Contractor’s "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction at 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.

mailto:ap@ci.dearborn.mi.us

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 proposals of successful and unsuccessful proposers, proposal 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 the 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 including 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 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.

12) Complete Agreement: The parties agree that the conditions of this transaction 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 Client and Consultant or terms or conditions of sales set forth in the Consultant’s quotation or order or sales acknowledgement shall not constitute a part of the agreement between the Client and Consultant concerning this transaction. The term “agreement” as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith.

13) 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 in an amount not to exceed the degree of fault attributed to the Contractor and/or its sub-consultants and sub-contractors.

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

15) 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 or as otherwise agreed.

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

17) 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.

18) Non-Discrimination Clause: The proposer 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 proposer further agrees to require similar provisions from any subcontractors, or suppliers.

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

20) Use of the City Seal: Contractors are prohibited from using the official Seal of the City of Dearborn in this Proposal or in any other manner.

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

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

REQUIRED FORMS

PROPOSAL FORM .......................................................................................................... Pages 17 & 18 EXCEPTIONS AND ALTERNATIVES FORM ............................................................................. Page 19 VERIFICATION OF MINIMUM QUALIFICATIONS FORM .......................................................... Page 20 BUSINESS INFORMATION QUESTIONNAIRE ............................................................... Pages 21 & 22 SUBCONTRACTOR FORM .............................................................................................. Pages 23 & 24 ETHICS IN CONTRACTING VENDOR FORM ................................................................. Pages 25 & 26

PROPOSAL FORM

Failure to complete this form may result in your Proposal 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 Request for Proposal.

ADDENDA:

The undersigned has read, understands and is fully cognizant of the Information to Respondents, Offer, and 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 Offer, hereby agrees to be obligated, if the Offer is accepted by the City of Dearborn, to enter into a Contract to provide the stated goods and/or services for the term as stated herein in accordance with the Scope of Work, Specifications, and Terms and Conditions, together with any written Addenda as specified above and any negotiated terms. If this offer is accepted and signed by the City of Dearborn, this RFP document, together with any written Addenda and any negotiated terms shall be (collectively) the contract.

COMPLIANCE:

The undersigned hereby accepts all administrative requirements of the RFP and will be in compliance with such requirements. By submitting this Proposal Form, the Respondent represents that:

1. The Respondent is in compliance with any applicable provisions of the City’s Charter and Code of Ordinances.

2. If awarded a contract, the Respondent will comply with the City’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 Proposal Form and other required forms, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal.

PERFORMANCE GUARANTEE:

The undersigned further agrees that if awarded the Contract, it will submit to the City any required type of guarantee (i.e. irrevocable letter of credit or cash deposit).

SUBMITTAL REQUIREMENTS:

The undersigned certifies it has attached a complete…