Federal Domestic Hot Water Boiler Installation.pdf

Hisham Elkhatib, Executive Director Abdullah H. Hammoud, Mayor

REQUEST FOR PROPOSAL

INSTALLATION OF DOMESTIC HOT WATER BOILERS

RFP-004105

Issue Date: November 5th, 2026

Site Visit: November 16th, 2026 at 10:00am Sisson Manor 1515 Mason, Dearborn MI 48126

Visits will continue to Townsend Towers and Kennedy Plaza

Pre-bid Question Deadline: November 23rd, 2026 by 12:00 p.m.

Submitted by email only

Bid Deadline: December 3rd at 3:00 p.m. Local Time

Purchasing Contact: Jason Pich jpich@dearborn.gov

DESCRIPTION: Proposals are being solicited by the Dearborn Housing Commission from qualified contractors for the installation of the domestic hot water systems at Townsend Towers, Kennedy Plaza, and Sisson Manor per project specifications and designs. All work encompasses plumbing, electrical, controls integration, and commissioning structured to minimize system downtime for residents.

FEDERAL REQUIREMENTS: The City of Dearborn Housing Commission (DHC) intends to finance this program by utilizing Capital Funds provided by the U.S. Department of Housing & Urban Development (HUD). Bids submitted by contractors or subcontractors who have been disbarred by any Federal Agency will be rejected.

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

Bids must be uploaded to the MITN website by the due date and time specified above. Late bids will not be accepted by the system. No hard copies to be submitted.

DEARBORN

HOUSING

COMMISSION

mailto:jpich@dearborn.gov http://www.mitn.info/

TABLE OF CONTENTS

RFP INSTRUCTIONS

SPECIFICATIONS/SCOPE OF WORK

EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SPECIAL CONTRACT TERMS AND CONDITIONS

STANDARD TERMS AND CONDITIONS OF AGREEMENT

REQUIRED FORMS

Dearborn Housing Commission

RFP-R004105

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 AND THE COMMISSION 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 Commission or 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 Departments/Divisions or the

Dearborn Housing Commission 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 of Dearborn Purchasing Division or Dearborn Housing Commission. Any and all Addenda issued by the City of Dearborn Purchasing Division or Dearborn Housing Commission 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 of Dearborn Purchasing Division or Dearborn Housing Commission, the original RFP document and associated Addenda in the City of Dearborn Purchasing Division’s or Dearborn Housing Commission’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 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.

5) 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.

http://www.mitn.info/

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) REJECTION: The DHC 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 DHC will be served by doing so. If all Proposals are rejected by the DHC, notice will be posted on the Michigan Intergovernmental Trade Network (MITN) website 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/DHC on any contract, debt, or other obligation, or if the Respondent is debarred 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 solicitation.

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

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

10) PROCUREMENT POLICY: Procurement for the DHC 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 DHC. The Purchasing Agent has the vested authority to execute a contract, subject to Housing Commission approval where required.

11) 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 DHC 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.

12) 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 DHC, the Contractor must execute and perform said Agreement upon full execution by both parties. The date on which the Agreement is signed by the DHC marks the beginning of the Agreement and shall be binding.

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

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

SCOPE OF WORK

1) INTRODUCTION: The purpose of this Request for Proposal (RFP) is issued by the City of Dearborn Purchasing Division on behalf of Dearborn Housing Commission (DHC) to invite businesses that meet the qualifications set forth herein to submit proposals for the installation of the two Domestic Hot Water Boilers at three locations. This solicitation incorporated updated engineering designs (dated 10/19/2026) intended to optimize project costs.

2) GENERAL INFORMATION: The Dearborn Housing Commission (DHC) seeks qualified commercial mechanical and plumbing contractors to provide complete turnkey installation of domestic hot water boiler systems across three residential facilities. The awarded contractor will be responsible for furnishing all labor, materials, equipment, selective demolition, piping specialties, electrical connections, system commissioning, and warranty coverage in strict accordance with the provided engineering plans and project specifications.

BUILDING INFORMATION:

Sisson Manor: 135 apartments, 10 floors, 1515 Mason, Dearborn 48124

Townsend Towers: 79 apartments, 6 floors, 7000 Freda, Dearborn 48126

Kennedy Plaza: 119 apartments, 9 floors, 5111 Bingham, Dearborn 48126

ATTACHMENTS INCLUDED WITH THIS SOLICITATION INCLUDE:

a. Attachment A - Specifications

b. Attachment B - Drawings/Plans

c. Attachment C - Building Floor Plans Combined

d. Attachment D - Form: HUD FORMS (forms to complete)

e. Attachment E – Davis Bacon Prevailing Wage Information

f. Attachment F – Build America, Buy America Act (BABA) (forms to complete)

g. Attachment G – Section 3 Plan (forms to complete)

All applicants must have an active SAM.gov registration with a valid Unique Entity ID (UEI) at the time of submission.

SAM.gov registration and UEI issuance can take several weeks—start early to meet deadlines. More information can be found at: https://sam.gov/entity-registration. SAM registration must stay active throughout award processing and project execution to receive funds.

3) MINIMUM QUALIFICATIONS: Respondents (specifically, the firm that will be contractually bound under the contracts with the City of Dearborn and Dearborn Housing Commission) will be deemed non- responsive and rejected without any further evaluation if they do not meet the following qualifications.

a. The firm must hold all active, valid licenses required by the State of Michigan and the City of Dearborn for commercial plumbing, mechanical, and electrical contracting (including Master Plumber and Master Electrician certifications).

b. The firm must demonstrate a minimum of five (5) consecutive years of documented experience in commercial plumbing and electrical construction, including the successful completion of at least three

(3) similar domestic water heating replacement projects within the last five (5) years.

c. The firm must have the verified organizational capacity to commit dedicated, licensed professional personnel to manage and execute the complete project lifecycle across all specified facilities.

4) SCOPE OF WORK: The successful Respondent (Contractor) shall Provide all labor, materials, and equipment required for the installation of hot water boilers as defined in the Contract Documents. The scope of work involves providing all labor, materials, and equipment required to complete the turnkey removal and installation of commercial domestic water heating systems, including condensing gas-fired water heaters, storage tanks, https://sam.gov/entity-registration circulating pumps, digital thermostatic mixing valves, piping insulation, and related Division 22 plumbing specialties. Additionally, the contractor will perform selective demolition and furnish all required Division 26 electrical branch circuits, disconnects, switches, and connections in strict compliance with the project specifications and NFPA 70.

A) CONTRACTOR RESPONSIBILITIES

• Pre-Construction & Documentation: Attend Pre-Construction Meeting. Obtain all appropriate Permits, Bonds, and Special Requirements, and include them in final costs.

Contractor must be available to begin work immediately upon contract award.

• Project Supervision: One designated project manager must oversee the project from start to finish. A dedicated on-site foreman with proven commercial/industrial steam experience must supervise daily.

• Provide a signed Manufacturer’s Certification of Compliance verifying that all incorporated iron, steel, manufactured products, and construction materials satisfy HUD Build America, Buy America Act (BABA) domestic preference requirements.

• Project completion and system start-up must be achieved by agreed upon schedule.

Failure to meet this date due to unauthorized delays will result in the following:

o Liquidated Damages: Assessment of liquidated damages at a rate of $2,000 per calendar day.

o Contractor shall be liable for all costs associated with providing temporary mobile boiler units and fuel if the building is without heat during the heating season.

o Failure to meet the deadline may result in a claim against the Contractor’s Performance Bond and termination of the contract.

• Contractor is responsible for the disassembly and reassembly of any doors, curtain walls, or louvers required for equipment access. Any removal of the building envelope must be temporarily secured and weather-tight at the end of each workday. Contractor is responsible for returning any keys provided at the completion of the project.

• Damages to buildings resulting from poor workmanship, improper techniques, rigging, or lack of temporary protection are the sole responsibility of the Contractor.

• Contractor is to self-perform all work unless a subcontractor is approved in advance by DHC. Contractor remains responsible for certified payrolls and performance of all subcontractors.

• Provide barricades, caution tape, and safety equipment to secure work areas. All debris generated must be removed and legally disposed of off-site daily. Use HEPA-filtered dust extraction for any masonry work to protect residents.

• Typical hours are Monday – Friday, 7:30 AM – 3:00 PM. No weekend work unless pre-approved. Work stoppages must be communicated to the Capital Facilities Coordinator immediately.

• Act professionally and courteously toward all residents. Coordinate directly with Housing Staff for unit access and resident notification. Respect for resident privacy and property is mandatory.

• Store materials and equipment in a neat manner. Driveways and doorways must remain clear at all times. Laydown areas must be approved by the owner. At the end of each workday, ensure the project area is clean, safe, and secured.

• Any change to the scope of work must be documented in writing and approved by the DHC prior to execution.

• Provide weekly work updates to the designated Housing Team.

• Provide contact information for account manager for LCP Tracker set up, including subcontractors.

• Submit weekly Certified Payrolls online at www.LCPtracker.com and provide contact information for account setup.

• Contractor must provide a 2-year warranty on workmanship and honor all manufacturers' warranties.

http://www.lcptracker.com/

CITY/DHC RESPONSIBILITIES

• Assignment of dedicated staff for project:

o Capital Facilities Coordinator: Azizah Jamil – 313-391-7448 o Facilities Supervisor: Brent Lakin – 313-801-8510

• The City/DHC will conduct a final “punch list” walkthrough within 7 days of receiving the Contractor’s formal notice of completion.

• Provide the Contractor with consistent and timely access to all required work areas. The Maintenance Manager will serve as the daily point of contact for building entry. The City shall provide necessary key or badge access to the Contractor’s Project Manager and Foreman for the duration of the project.

• Provide a designated on-site staging area for equipment, materials, and dumpsters. The specific location (per the aerial view in the Larkin Engineering drawings) will be finalized during the Pre-Construction Meeting.

• Provide the Contractor with all available digital and hard-copy blueprints, drawings, and any relevant hazardous material reports (asbestos, lead, etc.) for the boiler room and surrounding access paths.

• Provide all required legal authorizations, including a formal Notice to Proceed (NTP) and relevant Purchase Orders (PO), promptly following contract execution.

• Facilitate the Contractor's onboarding to LCPtracker.com by providing account access and technical contact information for weekly certified payroll submissions.

• The City/DHC shall review and provide a written response to any Change Order requests or Requests for Information (RFIs) within 3–5 business days.

• Timely processing of progress invoices according to the agreed-upon payment schedule, provided that work has been inspected and certified payrolls are current.

• Conduct ongoing inspections of work-in-progress. The City will notify the Contractor of any identified deficiencies in a timely manner to allow for immediate correction.

• Conduct a formal "punch list" walkthrough within 7 calendar days of receiving the Contractor’s written Notice of Completion. Final payment will be released upon successful completion of the punch list and submission of all O&M manuals and warranties.

B) PROJECT CONSIDERATIONS/REQUIREMENTS:

1. All projects must be completed within scheduled timelines, including punch list items, and remain within approved budgets.

2. All work must comply with any applicable local and state building codes. All construction work must comply with standards established by the City’s ordinance and all building permits will be considered part of the construction process.

3. Individual(s) selected under this proposal will be required to meet with City staff in developing plans, scope of work, and specifications as they pertain to each project.

4. The Contractor shall plan, phase, and execute the installation sequence in a manner that strictly minimizes the duration of any required water service interruptions. Prior to commencing work, the Contractor must coordinate with site management to establish an approved outage schedule, provide advance notification to all affected parties, and maintain temporary bypass or contingency measures to restore service promptly.

5. Specified manufacturers and models establish required performance and quality standards; equivalent products will be considered in accordance with 2 CFR § 200.319. Bidders proposing an alternate must submit the completed Exceptions and Alternatives Form (Page 20) with technical cut sheets proving equivalence in capacity, efficiency, dimensions, and ASME/BAS requirements. All alternates must fully comply with HUD Build America, Buy America Act (BABA) rules and NSF 61/372 lead-free standards.

The DHC reserves the sole right to determine acceptability.

EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1) EVALUATION: All proposals received will be evaluated by an Evaluation Team that consists of City/DHC representatives. The following factors will be considered in making the selection:

A. Experience & Qualifications – 25 pts B. Solutions Presented - Capacity to Provide Full Scope – 30 pts C. Work Plan (Approach) and Timeline – 15 pts D. Cost (Fixed Fee/Rates/Etc.) – 30 pts

Each proposal submitted in response to this RFP shall focus on these criteria. In addition, the Evaluation Team also may consider the past performance of the Respondent on other contracts with the City/DHC or other entities. The City/DHC reserves the right to make such additional investigations as it deems necessary and may require the submission of additional information.

2) 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: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements are listed below 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.

i) All general forms contained in this RFP, fully completed*:

ii) A complete response to each of the Submittal Requirements in the next section, which are specific to the evaluation criteria.

D. SUBMITTAL REQUIREMENTS: Submit a complete response to each of the following items which are specific to the evaluation criteria:

a) Experience & Qualifications

i) Detail your firm’s organizational capacity to assign dedicated professional staff throughout the project lifecycle. Identify key team members, their direct roles, certifications, and specific areas of technical expertise (e.g., commercial plumbing, electrical power distribution, BAS integration).

ii) Provide copies of all active licenses required by the Minimum Qualifications (e.g., State of Michigan Mechanical, Plumbing, and Electrical licenses).

iii) Provide at least 3 references for similar projects/contracts, including name of establishment, full address, dates of service, contact name and contact telephone number for reference checks.

iv) Describe your methodology for evaluating existing site conditions, utility capacities (gas supply pressure and electrical services), mechanical room layouts, and resident/facility operational requirements.

v) Outline your firm's approach to maintaining resident hot water availability and comfort during construction, along with methods for equipment selection and verification against project specifications.

vi) Describe experiences providing similar services within the last 5 years.

b) Solutions Presented - Capacity to provide full scope:

i) Provide a detailed narrative that demonstrates your firm’s approach to complete project delivery, including:

• Understanding of the scope and objectives.

• Proposed methods and solutions.

• Your firm’s ability to manage the full lifecycle of the project, from design through construction closeout.

c) Work plan (approach) & Timeline:

i) Submit a comprehensive work plan detailing phase-by-phase execution across all three facilities while maintaining safe living conditions and minimizing utility interruptions. Include protocols for mandatory 72-hour advance outage notifications.

ii) Submit a work plan that outlines the installation sequence.

iii) Provide a timeline illustrating the scope of services, including key milestones, including (Permitting and engineering submittal reviews, equipment procurement and delivery lead times, phased mechanical and electrical demolition and installation per site, Hydrostatic and gas piping pressure tests, system disinfection, chlorination testing, and certified water sampling, factory equipment startup, system balancing, and Owner training, substantial completion and project closeout)

d) Cost (fixed fees, rates, etc.)

i) Complete the Cost Proposal Form included herein.

ii) Provide an itemized breakdown of detailing the costs stated on the Cost Proposal Form.

3) 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 contract shall be in force until the satisfactory completion of the proposed project upon full execution of the contract and notice to proceed.

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

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

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

5) 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.

6) 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) 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.

d) 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.

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

It is incumbent upon the Contractor to affect all changes (additional insured, Primary/ no ncont r ibuto ry , 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.

SPECIAL CONTRACT TERMS AND CONDITIONS (Cont.)

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.

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.

BONDING REQUIREMENTS: All bond requirements for this project are listed within Bonding Requirements section of the Bidnet Direct Notice. 100% Payment and Performance Bonds are required.

In accordance with 2 CFR § 200.326 and HUD procurement requirements for federally funded construction, each proposal must be accompanied by a bid guarantee equal to five percent (5%) of the total proposed amount (in the form of a bid bond, certified check, or cashier’s check). Upon award, the successful Contractor must furnish separate Performance and Payment Bonds, each in an amount equal to one hundred percent (100%) of the total contract price, prior to contract execution and issuance of the Notice to Proceed. All bonds must be underwritten by an A.M. Best "A-" rated or better surety authorized to conduct business in the State of Michigan and listed on U.S. Department of the Treasury Circular 570; the cost of all required bonds must be included in the proposed lump-sum pricing.

STANDARD TERMS AND CONDITIONS OF AGREEMENT

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

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@dearborn.gov.

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 DHC in this regard.

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

12) Termination: When in the DHC’s best interest, the DHC 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 anticipated profit on account hereof. However, the DHC agrees that the Contractor shall be paid for items and/or services already accepted by DHC, but in no event shall the DHC or City of Dearborn be liable for any loss of profits on the order or portion thereof so terminated. Either party may mailto:ap@dearborn.gov.

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 DHC 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 DHC’s representative or an outside representative engaged by DHC may perform such audits. The DHC 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 DHC'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 DHC in connection with the contractor's dealings with the DHC (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 Housing Commission Policy, 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 DHC from time to time whenever requested in an expeditious manner any and all such information, materials and data.

c. The DHC'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.

If an audit inspection or examination in accordance with this Article, discloses overpricing or overcharges (of any nature) by the contractor to the DHC in excess of one-half of one percent (.5%) of the total contract billings the reasonable actual cost of the DHC's audit shall be reimbursed to the DHC 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 DHC'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

Dearborn Housing Commission, 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 DHC is solely at fault.

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

17) Records: The DHC 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 DHC 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 Dearborn Housing Commission and City of Dearborn support 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 DHC shall have the right to terminate the contract if the DHC or 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 DHC.

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.

REQUIRED FORMS

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

DEBARRMENT PAGE

BID ACKNOWLEDGEMENT PAGE

COST PROPOSAL FORM

REFERENCE FORM

BUSINESS INFORMATION QUESTIONNAIRE

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING FORM

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 Request for Proposals.

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. **FAILURE TO COMPLETE THIS SECTION WILL RESULT IN THE DISQUALIFICATION OF THE SUBMISSION**

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 Dearborn Housing Commission, for the term as stated herein, and to enter into an Agreement with the Dearborn Housing Commission, 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 RFP, 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.

NONCOLLUSION:

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

BID FORM (Cont.)

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

Company Name For clarification of this offer, contact:

Name:

Address

Phone:

City State Zip

Fax:

Signature of Person Authorized to Sign

Email:

Printed Name

Accounting Contact person:

Title

Phone: Fax Date

ACCEPTANCE OF OFFER:

(TO BE COMPLETED BY THE CITY OF DEARBORN)

The offer is hereby accepted for the Installation of Domestic Hot Water Boilers at Townsend Towers, Kennedy Plaza, and Sisson

Manor with a not to exceed value of: $__________________________________.

The Contractor is now bound to sell the materials or services listed in this RFP, including all terms, conditions, specifications, amendments, etc. and the Contractor’s Offer as accepted by the Dearborn Housing Commission. Resolution #_____

Dated_____ .

This contract shall henceforth be referred to as Installation of Domestic Hot Water Boilers at Townsend Towers, Kennedy Plaza, and Sisson Manor. The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until receiving a purchase order and/or a written notice to proceed from the City of Dearborn.

COUNTERSIGNED: APPROVED AS TO FORM BY:

Executive Director, Dearborn Housing Commission…