Fire Station 5 Pre-Construction Services RFP #25-0529.pdf

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CITY OF BAY CITY

SEALED BID REQUEST

FIRE STATION 5 PRE-CONSTRUCTION SERVICES RFP #25-0529

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

An optional site visit will take place on: Tuesday, May 13, promptly at 10:00 a.m. at 1209 Smith Street, Bay City, MI.

Proposals Due: Wednesday, May 28, 2025

Mark Sealed Proposal Envelope: Fire Station 5 Pre-Construction Services RFP #25-0529

The City of Bay City is soliciting sealed proposals for:

Fire Station 5 Pre-Construction Services RFP #25-0529

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

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

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, May 28, 2025

All proposals will be publicly opened and read aloud at 2:00 p.m. on Wednesday, May 28, 2025, for the Fire Station 5 Pre-Construction Services RFP #25-0529 all in accordance with the Bidding Documents, and as otherwise set forth herein.

Local Preference Policy

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

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

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

CHECK LIST BEFORE SUBMITTING BID

YES

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

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

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

• Did you include all submittals required with your sealed proposal?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the agreement that the agreement will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e., liability, indemnity, insurance) and not subject to further negotiation.

• Are you submitting your original proposal plus two (2) electronic copies as required?

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

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

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

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

If yes, has your business submitted an executed Local Vendor

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

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

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission. The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

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

CITY OF BAY CITY

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

Date: April 28, 2025

Sealed proposals must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, May 28, 2025

PROPOSALS not complying with above will be REJECTED and returned to proposer unopened.

BIDDER:

________________________________ If not interested or unable to propose, ________________________________ please RETURN the Statement of No Bid.

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

PLEASE NOTE:

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

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

PROPOSER’S PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed proposals for: Fire Station 5 Pre-Construction Services RFP #25-0529

An optional site visit will take place on: Tuesday, May 13, promptly at 10:00 a.m. at 1209 Smith Street, Bay City, Mi

All sealed proposals are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, May 28, 2025

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

All respondents must conform to the following:

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

Specifications/Scope of Work

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

Submittals……………………………………………………………………………….Required with submission (cover letter, attachments, cost and effort evaluation, see specifications)

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions

Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions

Instructions to Bidders

Bonds

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

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

Statement of No Bid (only if applicable)

One original and two electronic copies of proposal…………………………………Required with Submission

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

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

(1) week prior to proposal opening.

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

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

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

mailto:scarmien@baycitymi.org

Request for Proposals

Fire Station #5 Preconstruction Services

Statement of Intent The City of Bay City Department of Public Safety is evaluating the renovation of Fire Station #5, located at 1209 Smith Street. The facility was closed in 2024 due to personnel and facility maintenance issues.

In March 2025, the City Commission directed staff to develop a renovation plan for the fire station to facilitate its reopening.

Built in 1965, the station is no longer effective in supporting department staff for today’s operations. An addition that was constructed to the building in the 1980s has created envelope problems resulting in water infiltration and mold issues. In addition, there are multiple Building systems in need of upgrading to meet the Department’s functional and staffing requirements.

The building is a masonry on slab structure totaling approximately 4,550 square feet. A basic floor plan of the building and photos of the existing facility is provided in Exhibit B.

The Department of Public Safety wishes to hire a consultant to provide preconstruction services to determine the building programming and code needs to achieve a total cost of needed upgrades. The selected vendor will work with the various department staff and city officials to review building needs during the development of a conceptual plan. The team selected for preconstruction services may be asked to continue services into design development and development of construction documents for the project, if the need for design is requested and the City and professional agree to terms for such services

Project Boundaries The project area includes Fire Station #5 at 1209 Smith Street and the associated sidewalks, driveway, and parking lot.

Project Scope

Preconstruction Services

• Conduct an on-site kickoff meeting and site analysis

• Conduct review of building systems, Current building code considerations, and current health regulations:

o Structural integrity (foundation, framing, etc.)

o Architectural components (walls, finishes, space utilization) o MEP systems (mechanical, electrical, plumbing) o Moisture intrusion mitigation o Life safety code compliance o ADA accessibility o Building envelope (roofing, windows, doors, insulation)

• Evaluate compliance with o NFPA standards for fire stations o Building codes

• Develop building program that fits operational needs and requirements of the Department of

Public Safety. A summary of needs can be found in detail in Exhibit C.

o Evaluate existing space usage o Recommend improvements to space programming

• Provide constructability review of proposed improvements.

• Develop construction costs estimates based on conceptual plans.

o Breakdown by CSI divisions o Breakdown by major segments of work for value engineering consideration

• Develop final preconstruction report including the following:

o Facility deficiencies, including operational, code compliance, and life/safety issues o Recommended renovations o Cost estimates o Conceptual renovation plan.

Deliverables

• Final Preconstruction Report

Project Milestones Notice to Proceed 30 days from RFP due date

Final Deliverables 120 days from notice to proceed

Submittal Requirements Proposals should include at a minimum, the following materials:

Cover Letter including the following items:

1. The full name, principal business address, mailing address, phone number and e-mail address of the prime consulting firm.

o If subconsultants are used, provide full name, principal business address, mailing address, phone number and e-mail for primary contact for each.

2. Identify all members of the team anticipated to work on the project and define the role of each.

3. Brief understanding of the scope of services. Discuss your understanding and interpretation of the project requirements and your familiarity with special requirements.

4. Confirmation that your firm can complete the scope of services within the prescribed schedule.

Include brief description of tasks that will be performed to achieve the desired deliverables.

Please include the following attachments to the cover letter.

1. Provide a description and examples, if applicable, of similar project that the firm and/or team members have successfully completed focused on fire stations and municipal facilities.

o At a minimum, include resumes and project experience of all identified individuals specific to fire stations and municipal facilities.

o Include profiles of projects completed by the firm or subconsultants, if desired.

2. Provide contact names and numbers for three projects as references.

3. Estimated number of hours to complete the scope of services described herein

4. Hourly rates for team members involved in delivering the scope of services. Utilize the cost and effort breakdown form provided in Exhibit A.

Proposals must be typed on 8.5 x 11” paper. Letter proposals with applicable attachments are an acceptable form of proposal. The City cannot reimburse bidders for their costs in preparing documents or proposals in response to this RFP.

One original and two electronic copies of the proposal, must be submitted by the due date.

The City of Bay City reserves the right to accept or reject any and/or all proposals.All documents and designs produced for the project are to be property of the City of Bay City. Upon completion of each phase of the project, the consultant will submit one hard copy of each phase’s deliverables, as well as a digital copy of all materials in an editable format.

Optional Site Meeting: An optional site visit will take place on: Tuesday, May 13, promptly at 10:00 a.m. at 1209 Smith Street, Bay City, MI.

Proposals Due: Wednesday, May 28, 2025, by 2:00 PM, Michigan local time

Location: City of Bay City

301 Washington Avenue Suite 304 Bay City, MI 48708

Questions, Contact: Susan Carmien, CPPB, Purchasing Manager 989-894-8115 scarmien@baycitymi.gov

Evaluation of Proposals. All qualified submissions received by the deadline will be analyzed according to the criteria outlined in these specifications. Failure to comply with the provisions of the RFP may cause any submission to be ineligible for evaluation.

Discussions may be conducted with responsible submitting firms for purposes of clarification to assure full understanding of and conformance to the RFP requirements. Each proposal will be judged according to the evaluation criteria below. Maximum score is 100 points.

Available Points

1. Experience and Qualifications 50

• Resumes of top management team and resumes of persons who will do the work here in Bay City

• Proposed responsibilities of each project team member

• Other information necessary to explain qualifications

2. Understanding and Methodology 30

• Understanding of desired deliverables

• Tasks outlined to achieve the objectives and deliverables associated with the project

3. Cost and Effort 20

• Evaluation of hourly rates

• Evaluation of anticipated hours to complete the scope of services

• Evaluation of the effort allocated to complete the scope of services

Total Available 100 mailto:scarmien@baycitymi.org

Payment Terms Payment will be remitted based on a properly completed and accepted monthly invoice that includes the following detailed project information:

• Itemization of all services performed (including names, titles and subcontractors)

• Number of hours spent on each task

• Fees associated with these hours

• Balance of cost remaining

• Reimbursable expenses

Payment will be paid by actual hourly work, at approved rates, and reimbursable expenses, not to exceed the bid quote. Any additional work or payment must be approved and documented.

Mandatory Requirements These guidelines are provided to assist firms submitting in response to this Request for Qualifications in formulating a thorough response. The successful firm will ensure and understands that:

• The team must include staff with applicable licenses and experience to perform technical activities required for completion of the scope of work, including code compliance, life/safety analysis, and systems evaluation.

• All licenses required by the State of Michigan are to be maintained by the firm during the course of the contract.

• All required insurance is to be maintained by the firm during the course of the contract.

• The firm will provide a single point of contact for the duration of the contract.

• The firm will comply with the administrative procedures of the City.

• The firm shall perform with a consistent team.

General Conditions

1. All correspondence from interested firms regarding this proposal must be directed to the attention of Susan Carmien, Purchasing Manager. All inquiries will be made in writing in order that a written response in the form of an addendum can be processed before the proposals are opened.

Inquiries received after 7 days prior to deadline, will not be considered.

2. Additional information to this proposal from prospective firms shall be requested by the Purchasing

Department of the City of Bay City

3. No proposal will be accepted from, or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City of Bay City upon any debt or contract, or that is in default as surety or otherwise, or failed to perform faithfully any previous contract with the City.

4. All costs incurred in the preparation, submission, and presentation of this proposal, in any way whatsoever, will be wholly absorbed by the prospective firm. All supporting documentation will become the property of the City of Bay City unless requested otherwise at the time of submission.

Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under section 13 of the Act, which are subject to disclosure under the Act.

Therefore, confidentiality of information submitted in response to this Request for Qualifications is not assured.

5. The City reserves the right to reject any and all proposals, to waive any informality in the proposal received, and to accept any proposal (or part thereof) which it will deem to be most favorable to the interests of the City or to qualify multiple proposers.

6. The City reserves the right to terminate the contract without penalty upon 30 days written notice due to poor performance or for reasons deemed to be in its best interest. A designated representative of the City will be solely responsible for determining acceptable performance levels. His/her decision will be deemed in the City's best interest and will be final.

7. The City of Bay City is exempt from all sales, excise, and transportation taxes.

8. The selected firm must maintain for the life of the agreement insurance coverage meeting the minimum limits of liabilities.

9. No faxed or emailed proposals will be accepted. All information requested herein must be submitted with the proposal; failure to do so may result in rejection of the proposal as non-responsive and/or incomplete.

10. All proposals must be in accordance with the Purchasing Ordinances of the City of Bay City and the requirements of this notice to be deemed responsive. Any deviation from the specifications must be noted in the proposal.

11. Ownership of all data, materials and documentation originated and prepared for the City of Bay

City pursuant to the Request for Proposal and the subsequent contract shall belong exclusively to the City of Bay City.

12. The consultant will provide competent, suitable and qualified personnel to perform the work as required by the specifications. The consultant will designate a representative who he will present at site and will have the authority to act on behalf of the consultant. The consultant's representative will not be replaced without prior written notice to the City. All communications given the consultant's representative will be as binding as if given to the consultant.

13. The proposer is an independent contractor and as such will be responsible for paying his/her own

Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement.

14. The consultant shall not subcontract any or all portions of the work unless the City grants prior written approval. Any subcontractor, so approved, shall be bound by the terms and conditions of this contract. The consultant shall be fully liable for all acts and omissions of its subcontractor(s) and shall indemnify the City of Bay City for such acts or omissions.

15. Advanced payments will not be authorized. Payments will be made on a time and materials basis and acceptance of the services rendered. Accurate and acceptable invoices will be paid net 30 days.

16. The City of Bay City reserves the rights to waive any informalities, or immaterial omissions or defects not involving price, time or changes in the work and to reject any or all proposals, if to do so is deemed in the best interest of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the consultant to whom it is proposed to make such award. Any contract awarded to a person or company who is discovered to have been in default or disqualified at the time of the awarding of the contract shall be voidable at the discretion of the Mayor or the City of Bay City.

17. Proposers are advised that the Request for Proposals is considered to be under evaluation. The

Purchasing Department and City staff are restricted from giving any information relative to the proposals or "progress" of the evaluation during this time, except as described in this Request for

Qualifications and as required to administer the evaluation process. Contact with review committee members, Mayor or City Council members can result in disqualification.

18. It shall be the proposer's responsibility to make inquiry as to the changes or addenda issued. All such changes or addenda shall become a part of the contract and all contractors shall be bound by such changes or addenda.

19. As this Request for Proposals is being made available by electronic means, the proposer accepts full responsibility to insure that no changes are made to the Request for Proposals documents. In the event of conflict between a version of the Request for Proposals submitted by proposer and the version maintained by the City of Bay City Purchasing Department, the version maintained by the City of Bay City Purchasing Department shall govern.

20. In the event bankruptcy proceedings are commenced by or against consultant or under any provisions of the United States Bankruptcy Act or for the appointment of a receiver or trustee or a general assignment for the benefit creditors of either party. City shall be entitled to terminate without further cost or liability. The City may cancel the Agreement/Contract or affirm the Contract and hold the consultant responsible for damages.

EXHIBIT A – COST AND EFFORT EVALUATION

Failure to complete this questionnaire may result in your Submission being deemed nonresponsive and rejected without any further evaluation. Respondents may complete this form or provide information in a similar format as part of their proposal.

Estimated Personnel Effort

Team Member Firm Role Hours

Estimated Personnel Effort

Team Member Hourly Rate

EXHIBIT B – FIRE STATION #5 LAYOUT AND PHOTOS

Not to scale

All Dimensions Approximate

Front Reception Area at Front Door

Front Reception Area – Kitchenette Area. Blue door goes to Locker Room

Front Reception Area – Door to Mens Restroom/Lockers. Other door to vehicle bay

Front Reception Area – Mens Restroom and Shower Area.

Mens Locker Area

Lavatories in Men’s Bathroom Hot Water Heater (Mechanical Room)

Mechanical Room

Boiler System Electric Service and Comms

Station Room

Station Room – Doorway to “Day Room”

“Day Room”

Vehicle Bay – toward front of building

Vehicle Bay – Toward rear of building

“Womens Restroom” in Vehicle Bay

Front of Building – Facing Smith Street

Exterior – Exit from front reception area

Exterior – Area of previous addition of the “Day Room”

Exterior – Sidewalk leading to rear lot.

Exterior – Rear Parking Lot

Sidewalk - Areas of heaving pavement and trip hazards.

EXHIBIT C – LIST OF IMPROVEMENTS FOR FIRE STATION #5 IDENTIFIED BY DEPARTMENT

OF PUBLIC SAFETY

The Bay City Department of Public Services wishes to address structural and functional concerns at Station 5 to ensure long-term usability, compliance with ADA standards, and improved conditions for occupants. The following observations and facility quality improvements have been identified by the Department as needed for the long-term continued use of the building in consultation with the City’s Building Department.

Structural Issues

Space Observation(s) Recommendation(s)

Vehicle Bay (north wall) Wall is not flush No further action is required as it does not pose a significant structural concern.

Vehicle Bay (west wall) Cracks are present. These appear to be consistent with normal settling; therefore, it is believed a structural engineer review is not required at this time.

Building Envelope Issues

Day Room Moisture/mold issues are due to the current design and the addition being completed by non-certified contractors.

Water appears to be coming in from the ground level.

• Remodel room to mitigate moisture/mold problems, -OR-

• Demolish room and replace with new (preferred)

Station Room Moisture/mold issues • Replace the roof to address the source of the moisture.

• Mitigate mold and mildew concerns.

Throughout building • Windows of the station are original to the building and are no longer energy efficient.

• Roof and soffits need evaluation, especially over the main building in

• Evaluate the condition of the windows and replace them as needed to improve energy efficiency and insulation.

• Re-caulk and tuck point exterior areas to improve weatherproofing and prevent further moisture issues.

areas of mold and moisture intrusion

• Areas around the building require replacement caulking/sealing

• Masonry needs spot tuckpointing.

• Evaluate roof and soffits for full replacement or patching.

Building Function Issues

Kitchen (south end of reception/office area)

• Original to the building.

• Water damage is present in the sink area due to years of use.

• Asbestos tile throughout kitchen and mechanical room

• Replace and update the kitchen to modern standards, addressing water damage and ensuring durability.

• Remove asbestos tile and replace it with resilient flooring.

Bathrooms/Locker rooms • Fixtures (toilets, sinks) are original and not ADA-compliant.

• The shower tile is outdated, raising concerns about potential water infiltration.

• Shower is not ADA-compliant.

damage is present in the sink area due to years of use.

• Need to provide a womens locker space.

• Women’s bathroom access is through the vehicle bay, would be better if part of main building

• Replace all fixtures with ADA-compliant options.

• Provide womens locker space and reprogram the womens bathroom in the vehicle bay elsewhere in building

• Update shower tile and address water infiltration.

Throughout building • Carpet in the living area and locker room is worn and stained and needs replacement.

• Mold remediation needed, especially in day and station rooms.

• Replace the carpet in both areas with durable, low-maintenance flooring to improve functionality and aesthetics.

Building Systems Issues

Day Room, Station Room, and Reception/Office Areas

• The mini-split systems require repair or replacement due to leaking and inability to maintain pressure within the system.

• Conduct necessary repairs or replace the mini-split systems to ensure efficient heating and cooling throughout the building, or find more efficient and effective heating and cooling solution.

Vehicle Bay • Radiant heat system is dated

• Exhaust system has been off line and should be updated

• Alert system is not compatible with new department standards

• Replace radiant heat with newer, more efficient unit.

• Replace exhaust system.

• Replace alert system and upgrade to meet standards

Mechanical Room • The boiler system is old, and the heating lines have sustained damage.

• Likely presence of asbestos pipe wraps

• Replace boiler with newer, more efficient unit.

• Replace the damaged heating lines and restore reliable heating.

• Remediate any asbestos pipe wrap.

Site Issues

Sidewalk (west side) • Heaving sidewalk slabs are a trip hazard

• Replace/repair sidewalk

Rear parking lot • The parking lot is aged, deteriorating, and in need of repair

Consider resurfacing or repairing the parking lot to extend its usability.

Non-Collusion Affidavit

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

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

Address Representative's Title

Agency, State, Zip Code

Non-Iran Linked Business Affidavit

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

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

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

Address Representative's Title

Agency, State, Zip Code

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

1 (Revised 06/2016)

INSTRUCTIONS TO BIDDERS

Sealed Proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan, until 2:00 p.m. on Wednesday, May 28, 2025. All

Proposals will be publicly opened and read aloud at 2:00 p.m. on Wednesday, May 28, 2025, for the Fire Station 5

Pre-Construction Services RFP #25-0529, all in accordance with the Proposal Documents and as otherwise set forth herein. An abstract of the Proposals will be made available to Proposers.

Each Proposal must be submitted in a sealed envelope, addressed to the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a Proposal must be plainly marked on the outside as Proposal for the Fire Station 5 Pre-Construction Services RFP #25-0529, and the envelope should bear on the outside the name of the Proposer, its address, and its license number, if applicable.

PROPOSAL DOCUMENTS

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

Instructions to Bidders, if applicable, Scope of Services, if applicable, the Proposal Form, and other proposal and contract forms. The Proposal Documents shall also consist of the drawings, plans, specifications, and all addenda issued prior to execution of the Contract, if applicable.

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

PROPOSER’S REPRESENTATIONS

The Proposer, by making a Proposal, covenants, warrants and represents that:

1. The Proposer has read and understands the Proposal Documents, including all addenda, and the Contract.

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

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

PROPOSAL PROCEDURES

Form and Style of Proposals.

Proposals shall be submitted on the Quotation Request form included with the Proposal Documents. All blanks on the Quotation Request form shall be filled in by typewriter or manually in ink. Interlineations, alterations and erasures must be initialed by the signer of the Proposal. All requested alternates shall be proposal and if no change in the Base Proposal is required, enter "No Change". The Proposal shall be for the work and materials required by the

Proposal Documents and any Proposal not in strict compliance therewith may be rejected as not responsive.

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

2 (Revised 03/2023)

Basis on Which Proposals are Solicited.

Proposals are solicited on the basis of unit prices for certain items set forth in the form of proposal and described in the specifications. Proposer may propose a lot price, so long as it clearly identifies its Proposal as such on the Quotation Request. Prices shall be stated total sum based upon the unit price and quantity specified in the proposal document. If there is an error in computing the total sum then the unit price shall govern. Any general reference made in the proposal specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment equal in performance and quality. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality may be considered. Proposer shall be responsible for all sales, use, excise, transportation or other taxes, charges, costs, fees or expenses applicable to any of the materials or goods which are a part of the Proposal. Proposer shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Proposal Documents.

WAIVED Bid Security.

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

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

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

After Proposers have submitted Proposals, they shall not modify, withdraw or cancel their Proposal for a period of sixty (60) days from the opening of Proposals. All sums deposited with the Proposals will be held by the City of Bay City until all Proposals have been canvassed and a Contract is awarded and executed, and all bonds and insurances furnished and approved. At the expiration of sixty (60) days from the opening of Proposals, any

Proposer may withdraw its Proposal and all sums deposited with the Proposal will be returned to Proposer. The City of Bay City may, in its sole and absolute discretion, release any Proposal and return the proposal security prior to that date.

Qualifications of Proposers.

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

CONSIDERATION OF PROPOSALS

Rejection of Proposals.

The City of Bay City has absolutely reserved to itself the right and prerogative to reject any or all Proposals, to reject a Proposal not accompanied by required proposal security or other documentation or data required by the

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

Local Preference Policy

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

Award of Contract.

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

Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Proposal. No contract will be awarded until the City of Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Proposer to do the work in accordance with the Proposal Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Proposal of any Proposer who does not pass such investigations to the City of Bay City's satisfaction. In analyzing Proposals, the City of Bay City may take into consideration alternates and unit prices, if requested by the proposal forms. In accordance with city ordinance, City Commission may give preferential consideration to manufacturers, retailers, wholesalers or service providers located within the City of Bay City. The Proposer shall execute a Contract in the form which is included in the proposal documents if it is the successful Proposer. The City of Bay City will endeavor to post the proposal tabulation results and the anticipated City Commission meeting date for consideration of Contract award on the Bay

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

POST-PROPOSAL INFORMATION

No later than ten (10) days after notification of selection for the award of a contract, the Proposer may be required to establish to the satisfaction of the City of Bay City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Proposal Documents, if it is proposed to be performed using other than the Proposer’s own forces. If the head of the department inviting proposals has reasonable objection to a proposed person or entity, the Proposer may, at the Proposer’s option, (1) withdraw the Proposal or (2) submit an acceptable substitute person or entity with an adjustment in the Base Proposal or Alternate Proposal to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted proposal price or disqualify the Proposer. In the event of either withdrawal or disqualification, the proposal security will not be forfeited. Persons and entities proposed by the Proposer and to whom the City of Bay City has made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of Bay City.

Payment Terms.

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

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

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WARRANTIES AND PATENTS

Warranty Specifications.

Proposer expressly warrants that all the materials and articles covered by its Proposal or other description, or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, merchantable, and fit for its intended purpose. Proposer also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered by the Proposal Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Proposal Documents, or any other exceptions or alterations, must be approved in writing by the City of Bay City's Purchasing Agent.

Compliance with Law.

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

Patents.

Proposer covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Proposer covenants and agrees to hold the City of Bay City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

EEO COMPLIANCE AND PREVAILING WAGES

Non-Discrimination in Employment.

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

If required and included in the Quotation Request, Proposers must submit with their initial proposal a signed

ESSENTIAL EQUAL EMPLOYMENT OPPORTUNITY INFORMATION statement which is included in the specifications. Successful Proposers must be prepared to comply in all respects with the Contract provisions regarding non-discrimination.

Prevailing Wages and Fringe Benefits.

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

INSURANCES AND BONDS

Upon award the Proposer shall purchase and maintain the insurances that are appropriate for the goods, services and work being performed and furnished, including materials, which will provide protection from all claims which may arise out of, result from or be caused by Proposer’s performances, work, the furnishing of goods or

5 (Revised 03/2023) materials and/or Proposer’s other obligations under the Proposal Documents and Contract, whether it is to be performed or furnished by Proposer, by any Subcontractor or Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. ALL POLICIES OF INSURANCE, AND THE CERTIFICATES OR OTHER EVIDENCE

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

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

PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY CERTIFIED MAIL. All insurance shall remain in effect until final payment and at all times thereafter when Proposer may be correcting, removing or replacing defective work or materials. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

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

Guarantee Bonds.

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

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

Alternate Insurance.

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

X Worker's Compensation Insurance.

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

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

Comprehensive General Liability.

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

A. All premises and operations;

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

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

D. Contractual Liability for the…