Front Step - Front Porch Replacement Program.pdf

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

ABDULLAH H. HAMMOUD, MAYOR

STATEMENT OF QUALIFICATIONS

FOR

FRONT STEP / FRONT PORCH REPLACEMENT PROGRAM

SOQ-003270

Issue Date: September 21, 2026

Question Deadline: September 25, 2026, by 12:00 PM

Response Deadline: October 12, 2026, by 3:00 PM Upload to www.mitn.info

Purchasing Contact: Rosette Fisher, Buyer

Email: rfisher@dearborn.gov

DESCRIPTION: Statements of Qualification are being solicited for the purpose of contracting with a number of qualified and licensed concrete or masonry contractors, to make repairs/ replacements to front steps and/or front porches, in order to correct violations.

Federal Compliance Requirements are attached, as part of this solicitation.

Solicitation documents (including any/all Addenda issued by the City) must be downloaded from the BidNet Direct website. Proposals must be uploaded to BidNet Direct by the due date and time specified above. Be sure to allow adequate time for the uploading process as late proposals will not be accepted.

NO HARD COPIES ARE TO BE SUBMITTED

Contractors are prohibited from using the official Seal of the City of Dearborn in this proposal or in any other manner http://www.mitn.info/ mailto:rfisher@dearborn.gov

CITY OF DEARBORN Page 2 of 22

TABLE OF CONTENTS

TABLE OF CONTENTS

INSTRUCTIONS

QUALIFICATIONS

SCOPE OF WORK

SUBMITTAL REQUIREMENTS

SPECIAL CONTRACT TERMS AND CONDITIONS

STANDARD TERMS AND CONDITIONS OF AGREEMENT

REQUIRED FORMS

PROPOSAL FORM

REFERENCE FORM

EXCEPTIONS AND ALTERNATIVES FORM

BUSINESS INFORMATION QUESTIONNAIRE

ETHICS IN CONTRACTING VENDOR FORM

LITIGATION DISCLOSURE FORM

CITY OF DEARBORN Page 3 of 22

INSTRUCTIONS

1) PRE-PROPOSAL INFORMATION AND QUESTIONS: Timely responses will be evaluated on the merit and completeness of all of the information submitted with the proposal. In preparing responses, Respondents are advised to rely only upon the contents of this Statement of Qualifications (SOQ), its accompanying documents, and any written clarifications or Addenda issued by the City’s Purchasing Division. If a Respondent finds a discrepancy, error, or omission in the SOQ package and/or requires any written Addenda thereto, it is requested that the Respondent notify the Purchasing contact listed on the cover of this SOQ so that a written Addendum may be sent to all prospective Respondents.

a) All questions must be submitted in writing to the Purchasing contact responsible for this SOQ before the question deadline indicated on the cover of this SOQ.

b) No communication is permitted between Respondents and City Departments, Divisions, or employees prior to award of contract unless sanctioned by the Purchasing Division. The City is not responsible for any oral instructions.

2) PRE-PROPOSAL MEETING: A pre-proposal meeting concerning this SOQ may be held. If one is held, the date, time, and location will be indicated on the cover of this SOQ.

3) MODIFICATIONS/ADDENDA: Clarifications, modifications, or amendments may be made to this SOQ at the discretion of the City. Any and all Addenda issued by the City will be posted as noted on the Cover Page of this document. It is the responsibility of the Respondent to obtain the available Addenda and acknowledge them on the Proposal Form of this SOQ. 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 SOQ document by any party other than the City, the original SOQ document and associated Addenda in the City’s files shall take precedence.

4) PROPOSAL SUBMISSION:

a) Include the following items or the proposal may be deemed non-responsive:

i) All Required Forms contained in this SOQ, fully completed

ii) Evidence that the Qualifications specified herein are met

b) Responses must be electronically uploaded to the BidNet Direct website (www.bidnetdirect.com) by the due date and time listed on the cover of this SOQ. Be sure to allow time for the uploading process. It is preferred that one PDF file is uploaded; however, file size cannot exceed 20 MB on the BidNet Direct website. If the file size exceeds 20 MB, upload multiple files in 20 MB increments.

For assistance on how to upload documents, contact BidNet Direct directly at (800) 835-4603.

The BidNet Direct system will not allow for late submittals and a submittal must be completed before the due date and time listed on the cover of this SOQ. This responsibility rests entirely with the Contractor, regardless of delays resulting from the uploading process.

c) Submission of a proposal establishes a conclusive presumption that the Respondent is thoroughly familiar with this SOQ 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 SOQ.

d) 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 authorized person(s) signing the proposal.

e) 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.

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

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INSTRUCTIONS (Cont.)

5) WITHDRAWAL: Electronic proposals can be withdrawn from the BidNet Direct website prior to the proposal deadline listed on the cover of this SOQ. No proposal may be withdrawn after that deadline.

6) PRICING: In cases where discrepancies are found on the cost proposal page when computing the total cost, unit prices shall prevail.

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

8) REJECTION: The City reserves the right to reject any/all proposals or to accept or reject any proposal in part and to waive any minor irregularity in proposals received if it is determined by the Purchasing Manager to be in the best interest of the City. If all proposals are rejected by the City, notice will be posted on the BidNet Direct website. No proposal will be considered from any person, firm, or corporation in arrears or in default to the City on any contract, debt, other obligation, or if the Respondent is debarred by the City from consideration for 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 years immediately preceding the date of issuance of this document.

9) PROCUREMENT POLICY: City procurement will be handled in a manner providing fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality as determined to be in the best interest of the City. The Purchasing Agent has the vested authority to execute a contract, subject to Mayoral and/or Council approval where required.

10) PROPOSAL SIGNATURES: Proposals must be signed by an authorized official of the Respondent.

Each signature represents binding commitment upon the Respondent to provide the goods and/or services offered to the City if the Respondent is determined to be the lowest responsive and responsible Respondent.

11) CONTRACT AWARD: The City reserves the right to award by item, group, or total proposal to one or more contractors, a group of contractors, or a combination, whichever is in the best interest of the City. The apparent successful Respondent(s) will be notified at the earliest possible date of the City’s intent to award the contract. Award decisions may be subject to approval by the City Council, Mayor, and Corporation Counsel. If approval by the City Council, Mayor, and Corporation Counsel are required, the resulting contract is not binding until the contract has been fully executed.

12) NO RESPONSE: For those businesses that receive this SOQ and do not submit a proposal, it would help the City if a notice of why you have chosen not to proposal is submitted.

13) FOIA REQUIREMENTS: Proposals are subject to public disclosure after the proposal deadline in accordance with state law.

CITY OF DEARBORN Page 5 of 22

GENERAL INFORMATION

This program that will provide relief for residents with missing or damaged front steps, and/or damage to their front porch.

Currently we are issuing notices of violation for missing or damaged steps, and we would like to incentivize them to make repairs/ replacements in order to correct violations.

This is a community wide benefit that provides free and clear access for services, inspections, residents, and visitors.

Community Development Block Grant (CDBG) funds would be used to facilitate this program. Federal Compliance Requirements are attached, as part of this solicitation.

SCOPE OF WORK

1. INTRODUCTION: Through this Statement of Qualifications (SOQ), the City of Dearborn (City) hereby invites businesses that meet the qualifications set forth herein to submit responses to provide Front Step/ Front Porch Repair or Replacement for the City of Dearborn.

2. SCOPE OF WORK: The successful Respondent (Contractor) shall be required to provide all labor, equipment, materials, and supplies to accomplish the following work.

The City would provide specs to the contractors in batches of 5 work orders that need to be completed. The Contractor will have to provide plans for review and permitting, including permit fees.

a. Contractor Responsibilities:

i. Perform concrete/ masonry work to Code.

ii. Provide pricing for each batch of 5 properties, including permits fees, etc.

iii. Submit plans.

iv. Apply and pay for permits.

v. Invoicing.

vi. Provide before and after photos.

b. City Responsibilities:

i. Plan review.

ii. Customer intake.

iii. Provide specs to contractor.

iv. Conduct inspections.

v. Approve/ provide payment to contractor.

3. PRODUCT MINIMUM SPECIFICATIONS: Specifications will be provided on a case-by-case basis, due to differing requirements at each property.

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QUALIFICATIONS

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

Licensed and Insured concrete or masonry contractor, who has a minimum of 10 years of experience in this field.

a) The Respondent and/or its subcontractor, OR Respondent and/or its key personnel, must have

10 years of experience performing similar work as described in the scope of work.

b) The Respondent must have performed at least 100 similar projects within the last 1 year.

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

c) Must have a current license by the State of Michigan, and the City of Dearborn.

d) Must obtain permits, inspections, plan reviews for all work done. Fees will not be waived.

e) List the equipment your company owns or will rent which you intend to use to complete this work.

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SUBMITTAL REQUIREMENTS

GENERAL PROPOSAL REQUIREMENTS:

• Electronic Proposal: Upload proposals to the BidNet Direct website only.

Do not submit a hardcopy. Allow sufficient time to upload - late proposals will not be accepted.

• Proposal Format: Prepare proposals simply and economically. It is preferred that proposals are assembled in the same order that the specific proposal requirements are listed below. It is preferred that the rest of the proposal is submitted in a single PDF file (if multiple PDFs are necessary, the single file size limit is 20MB).

SPECIFIC PROPOSAL REQUIREMENTS: Failure to include a complete response to each of the following items may result in the proposal being deemed non-responsive:

• Required Forms:

o Submit all required forms contained in this SOQ, fully completed.

• Statement of Qualifications:

o Provide a narrative describing experience providing services similar to those specified herein with a focus on municipalities or organizations similar in size to the City of Dearborn.

o Complete the Reference Form included herein.

o Provide a complete list of the personnel intended to be assigned to this contract including résumés and describe what their roles will be if awarded this contract.

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SPECIAL CONTRACT TERMS AND CONDITIONS

1. CONTRACT TERM: The approved list shall be for a term of five years. During the contract term, the City reserves the right to add or delete contractors as deemed to be in the best interest of the City.

2. ROTATING BID LIST: The City may institute a rotating bid list dependent on the number of Respondents that are qualified. A rotating bid list will alternate quote solicitations that are sent to approved contractors, if necessary, and would be maintained by the Purchasing Division in alphabetical order by vendor name.

3. ADD OR DELETE: The City reserves the right to add new qualified contractors during the contract or renewal term and the City reserves the right to remove qualified contractors from the pre-approved contractor list if a contractor does not participate in the competitive solicitation process for a consecutive six (6) month period of time.

4. 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.

5. PAYMENT TERMS: Payment will be net 30 unless otherwise specified by the City of Dearborn.

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

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

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.

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

f) 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.

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

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

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

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

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

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

8. KEY PERSONNEL AND SUBCONTRACTORS: It is essential that the Contractor provides adequate experienced personnel, 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 shall not be removed or replaced without written notice to the City.

b) If key personnel 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 Legal Contract Administrator and Purchasing Department.

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STANDARD TERMS AND CONDITIONS OF AGREEMENT

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

2) 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 Proposal. 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) 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.

5) 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.

6) 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.

The City’s preferred method of payment is by Automated Clearing House (ACH).

7) Payment Terms: Payment terms shall be Net 30 days, effective upon delivery of final reports and receipt of invoice.

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 proposal the following:

a. that I am duly authorized to legally bind the company submitting this proposal; and

b. 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

c. That I and the company submitting this proposal will immediately comply with any further certifications or information submissions requested by the City in this regard.

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

12) Termination: When in the City of Dearborn’s best interest, the City of Dearborn may unilaterally cancel this agreement at any time, whether or not the Contractor is in default of any of its obligations mailto:ap@dearborn.gov

CITY OF DEARBORN Page 11 of 22 hereunder. Under any such cancellation, the Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However, the City of Dearborn agrees that the Contractor shall be paid for items and/or services already accepted by City of Dearborn, but in no event shall the City of Dearborn be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this agreement at any time for the failure of the other to comply with any of its material terms and conditions.

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

14) Records and Right to Audit: Contractor’s "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction at during normal business working hours. The City’s representative or an outside representative engaged by City may perform such audits. The City or its designee may conduct such audits or inspections throughout the term of this contract and for a period of three years after final payment or longer if required by law.

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

time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful proposers, proposal recaps, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other contractor records which may have a bearing on matters of interest to the City in connection with rite contractor's dealings with the City (all foregoing hereinafter referred to as "records") to the extent necessary to adequately permit evaluation and verification of: a) contractor compliance with contract requirements, b) compliance with the City's Charter and policies, and c) compliance with provisions for pricing change orders, invoices or claims submitted by the contractor or his payees.

b. Contractor shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this article by incurring the requirements hereof in a written contract agreement between contractor and payee. Such requirements to include flow-down right of audit provisions in contracts with payees will also apply to subcontractors and sub-subcontractors, material suppliers, etc. Contractor will cooperate fully and will cancel Related Parties and all of contractor's subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to the City from time to time whenever requested in an expeditious manner any and all such information, materials and data.

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

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

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

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

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

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

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

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

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

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

23) Use of the City Seal: Contractors are prohibited from using the official Seal of the City of Dearborn in this Proposal 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.

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REQUIRED FORMS

REQUIRED FORMS

PROPOSAL FORM

REFERENCE FORM

EXCEPTIONS AND ALTERNATIVES FORM

BUSINESS INFORMATION QUESTIONNAIRE

ETHICS IN CONTRACTING VENDOR FORM

LITIGATION DISCLOSURE FORM

CITY OF DEARBORN Page 14 of 22

PROPOSAL FORM

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

OFFER TO: CITY OF DEARBORN:

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

ADDENDA:

The undersigned has read, understands and is fully cognizant of the Information to Respondents, Offer, and all Exhibits thereto, together with any written addendum issued in connection with any of the above.

The undersigned hereby acknowledges receipt of the following addendum(s): _____, _____, _____, _____ (write “none” if none). In addition, the undersigned has completely and appropriately filled out all required forms.

OBLIGATION:

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

COMPLIANCE:

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

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

2. If awarded a contract to operate the Concession or provide the goods or Services required in the SOQ, the Respondent will comply with the City’s Charter and Code of Ordinances. These documents can be found on the City of Dearborn’s website on the City Clerk’s page.

NON-COLLUSION:

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

PERFORMANCE GUARANTEE:

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

SUBMITTAL REQUIREMENTS:

The undersigned certifies it has attached a complete response to each of the submittal requirements listed in this SOQ.

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PROPOSAL FORM (Cont.)

No proposal may be accepted which has not been signed in the appropriate space below:

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

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REFERENCE FORM

1. Client Name: Title:

Client Contact E-mail

Contact Phone Number:

Services performed from and to (dates):

2. Client Name: Title:

3. Client Name: Title:

4. Client Name: Title:

Attach additional pages if necessary

CITY OF DEARBORN Page 17 of 22

EXCEPTIONS AND ALTERNATIVES FORM

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

Proposers are to comply with all requirements of this solicitation, otherwise the proposal may be deemed non-responsive. Exceptions may be considered if they are presented with the proposal and if the City determines that the exception does not materially alter the intent of this solicitation or that it exceeds the requirements of this solicitation.

No Exceptions Taken

Exceptions Taken – *See attached

*Note that if any exceptions are taken, all required information must be submitted as an attachment

In the event the Proposer takes exception to any language in this solicitation, they may set forth alternatives by presenting each exception separately by stating:

a) The specific item or clause for which an exception is requested (citing the page and item number).

b) The suggested change to the exception, inclusive of proposed new language if applicable.

c) An explanation as to how the proposed change would benefit the City and/or why the exception is necessary.

Except as may be indicated above, Proposer is in complete agreement with this entire solicitation including any proposed terms, conditions and business arrangements described herein.

(Authorized Signature) Date

(Title)

CITY OF DEARBORN Page 18 of 22

BUSINESS INFORMATION QUESTIONNAIRE

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

NAME OF COMPANY

PRINCIPAL OFFICE ADDRESS

TELEPHONE NUMBER

DUNS# AND/OR CCR (if applicable)#____________________________________________________

FORM OF OWNERSHIP (Check One)

Corporation ( ) LLC ( ) Joint Venture ( )

State of Incorporation/Registration Date of Incorporation/Registration

Partnership ( ) If Partnership, select one of the following: Limited ( ) or General ( )

Individual ( )

LIST OF PARTNERS, PRINCIPALS, CORPORATE OFFICERS OR OWNERS

Name Title

LIST OF CORPORATE DIRECTORS

Principal Business Affiliation

Name Other Than Respondent Directorship

HAS YOUR COMPANY OPERATED UNDER ANY DIFFERENT NAMES IN THE PAST FIVE (5)

YEARS? YES / NO IF YES, IDENTIFY THE NAME(S) UNDERWHICH YOUR COMPANY HAS

OPERATED: _______________________________________________________________________

CITY OF DEARBORN Page 19 of 22

BUSINESS INFORMATION QUESTIONNAIRE (Cont.)

ADDITIONAL INFORMATION REQUIRED BY THE CITY

LIST OF PRINCIPAL STOCKHOLDERS (i.e., those holding 5% or more of the outstanding stock)

Name Address

FINANCIAL DISCLOSURE/CONFLICTS OF INTEREST: Identify any contract(s), including any contract involving a personal, familial, employment or consulting relationship, which the firm, or its partners, principals, corporate officers or owners currently has with the City of Dearborn, or with any of its council members or officers.

LATEST CREDIT RATING (Specify if other than Dun and Bradstreet)

I hereby certify that the foregoing business information is true, correct and complete to the best of

(my/our) knowledge and belief:

(Name of Company)

By

(Signature) Date

By

(Signature) Date

CITY OF DEARBORN Page 20 of 22

ETHICS IN CONTRACTING VENDOR FORM

(DISCLOSURE OF RELATIONSHIPS WITH CITY OF DEARBORN CONTRACT

MANAGERS BY OWNERS, OFFICERS AND KEY PERSONNEL OF BUSINESS)

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

• This form must be completed by a person holding a key position in the business, such as an officer, director, trustee, partner, senior engineer or sales manager and have influence in making this bid or response or in performing the contract if the City of Dearborn (City) awards it to your business.

• Please fill out this form to the best of your knowledge and belief.

• Detach and make additional copies of this form if needed.

• If you are unsure about what to disclose, email the contact listed on page 1.

• You are not required to question family members beyond what you already know of their affairs.

• Submit this form with your bid/quote/proposal. A copy will be kept on file by the Purchasing Agent.

• If you fail to fully disclose the required information below, the City may terminate your contract if your business is awarded one.

• If you are awarded a contract and changes occur that would impact your responses below, it is your responsibility to update and resubmit this form.

1. Are you a City employee or an immediate family member of a City employee? Yes No

If Yes: Name: _________________________ Relationship: _________________ Department: ____________________ Title: ________________________

2. Without any further inquiry, are you aware if your business has employed a City employee or an immediate family member of a City employee within the previous twelve (12) months? Yes No

If Yes: Name of Employee:___________________________________________ Department: _____________________ Title: ________________________

1. Without any further inquiry, are you aware if your business has discussed hiring a City contract manager or an immediate family member of a City contract manager within the previous twelve (12) months?

Yes No

If Yes: Name of Contract Manager:____________________________________

4. Do you and a contract manager each have a financial interest in one or more of the same business ventures? Yes No

If Yes: Name of Contract Manager:____________________________________

CITY OF DEARBORN Page 21 of 22

ETHICS IN CONTRACTING VENDOR FORM (Cont.)

ETHICS CERTIFICATION

I certify that I have disclosed all information within my knowledge, which is required by this disclosure form.

Name: (Please print):_________________________________________________

Signature:___________________________________Date:___________________

Company Name:_____________________________________________________

Last Four Digits of Company Tax ID #:___ ___ ___ ___

ETHICS DEFINITIONS

Contract Manager

An elected or appointed City of Dearborn official or a key employee identified as having significant discretion over City contracts.

Immediate Family Your spouse, children, parents, brothers and sisters.

Financial Interest Ownership of any interest or involvement in any relationship, which results in the receipt in $500 or more per year.

Holding a key position in a business such as officer, director, trustee, partner, member, shareholder or sales manager. Exceptions: Officers who serve without compensation on the boards of charitable organizations.

Receipt of any financial benefit, whether direct or indirect.

CITY OF DEARBORN Page 22 of 22

LITIGATION DISCLOSURE FORM

Have you or your business been involved in any litigation in the last 10 years? Yes No

Case Name: __ Current Status: __ _

Parties Involved: ___

Court where action was filed: ___________________________

Case Number: ___

Explanation & Outcome: _______________________________________

Case Name: __ Current Status: _____ ___

Parties Involved: ___

Court where action was filed: ___________________________

Case Number: ___

Explanation & Outcome: ____ _________________________________

Case Name: __ Current Status: __

Parties Involved: __

Court where action was filed: __________________________

Case Number: ___

Explanation & Outcome: ____ ________________________________

Company Name

Printed Name Signature of Person Authorized to Sign

Title Date