ITB 24-25-13 Two Year Contract Pricing for Gravel, Sand _ Limestone PDF_ MITN.pdf

ITB 24/25-13 Two Year Contract Pricing for Gravel, Sand & Limestone Page | 0 Bidder Page Number________

City of Romulus

INVITATION TO BID

ITB 24/25-13 Two Year Contract Pricing for Gravel, Sand & Limestone Public Opening 04/15/2025

The City of Romulus, Michigan is seeking bids from qualified companies for two year contract pricing for gravel, sand, and limestone for the City’s Department of Public Works.

(1) Qualified individuals and firms wishing to submit a bid must use the forms provided by the City. Bid forms and specifications may be obtained from the MITN Purchasing Group page of BidNet Direct at http://www.mitn.info/. Bids may be rejected unless made on the forms included with the bidding documents. Copies of documents obtained from any other source are not considered official copies.

(2) Questions must be emailed to Purchasing@romulusgov.com and received no later than 12:00 PM Local Time, April 02, 2025.

(3) Clarifications, modifications, or amendments may be made to this solicitation at the discretion of the City. Any and all addenda issued by the City will be posted on the MITN Purchasing Group page of BidNet Direct. All interested parties are instructed to view the MITN website regularly for any issued addenda. It is the responsibility of the bidder to obtain all issued addenda and acknowledge receipt of said addenda by including a printed copy of each addendum as part of the required documents for this solicitation and to list the addendum and sign and date the “Acknowledgment of Receipt Addenda Form supplied in the bid documents.

(4) A total of two copies (one marked “Original” and one marked “Copy”) of the bid must be submitted together in one sealed package/envelope and returned to the City Clerk's Office no later than 2:00 P.M., Tuesday, 04/15/2025. Bids should be addressed using the Bid package label provided in the solicitation documents or submitted electronically on the MITN Purchasing Group page of BidNet Direct.

(5) At approximately 3:00 p.m., local time 04/15/2025, all timely received bids will be publicly opened and read.

(6) The City reserves the right to postpone the opening without notification and also reserves the right to reject all bids and to waive any minor informality or irregularity in bids received and to award the bid in whole or in part. Ultimately, a contract may be awarded to the lowest most responsive and responsible company, as determined in the sole discretion of the City of Romulus or otherwise in a manner deemed by the City to be in its own best interest.

(7) The successful Bidder will be required to submit proof of all bonds and insurance required by the solicitation documents and copies of all required endorsements.

(8) For additional information contact Christina Parker, City of Romulus, Purchasing Director by calling (734) 955-4568 or by emailing Purchasing@romulusgov.com

(9) The City of Romulus strictly prohibits the reproduction or publishing of any published document or solicitation without the express written consent of the City of Romulus. Unauthorized posting of any notice of these documents or reference to said documents or solicitations is strictly prohibited.

file:///C:/Users/lconway/AppData/Roaming/Microsoft/Word/Purchasing@romulusgov.com

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INVITATION TO BID

ITB 24/25-13 Two Year Contract Pricing for Gravel, Sand & Limestone Public Opening: 04/15/2025

TABLE OF CONTENTS and FORMAT FOR BIDS

A completed copy of the following schedule must be placed in the front of all documents submitted for consideration. For ease of review, companies are instructed to number each page of their bid, organize any submission in the same order with the same heading/Attachment # and enter the page number in the space provided below. Any additional information provided by the bidder to the City along with their bid, shall be clearly marked with an attachment number and listed here and attached in order to the back of the Company’s bid documents.

ITEM PAGE NUMBER/S

Table of Contents/ Acknowledgment of Receipt of Addenda Form

City of Romulus Solicitation Documents

Bid Pricing Sheet

Statement of Non-collusion & Conflict of Interest

Attachment I - Contractor’s General Questionnaire and References

Attachment II – Exceptions to Specifications

Attachment III – Additional Reimbursable Charges

Name:

Title:

Signature:

Name of Company/Contractor:

Address:

City/State/Zip:

Phone Number:

Email Address:

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The Bidder is responsible for acknowledging the receipt of any posted addenda in the space provided below. By signing and dating on the line below the undersigned has read, understands the Addendum/addenda posted by the City of Romulus, should there be any, as a clarification or addition to this request for bids document. A copy of any addenda posted by the City should be placed immediately behind the bids Table of Contents and need not be numbered.

SIGN AND DATE (write “None” if none):

Addendum 1:

Addendum 2:

Addendum 3:

Addendum 4:

The undersigned hereby acknowledges receipt of the above addenda.

Printed Name:

Title:

Signature:

*Name of Company/Contractor:

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IMPORTANT DATES

Publication Date: 03/20/2025

Deadline for submission of Questions:

Submit questions via email to:

Christina Parker, Purchasing Director purchasing@romulusgov.com 04/02/2025 by12:00 P.M., Local Time

Deadline for Submission of bids: 04/15/2025 by 2:00 P.M., Local Time

Public Opening – City Hall Council Chambers 04/15/2025 by 3:00 P.M., Local Time

INSTRUCTIONS, TERMS AND CONDITIONS

DEFAULT

Per Section 13.4 (b) of the Romulus City Charter, no bid 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 Romulus or its agencies 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 of Romulus or its agencies

INFORMATION AND QUESTIONS

In preparing bids, companies are advised to rely only upon the contents of this solicitation and accompanying documents and any written clarifications or addenda issued by the City of Romulus Purchasing Department. If a company finds a discrepancy, error, or omission in the bid package, or requires any written addendum thereto, the company is requested to notify the Purchasing Department in writing via email as noted in this solicitation, so that written clarification may be sent to all prospective respondents. No contact regarding this document with other City employees is permitted. All answers, if needed, will be issued in the form of an addendum.

• All questions must be submitted in writing to the Purchasing Department via email no later than 12:00 noon, local time, April 02, 2025.

• No communication is permitted between companies and other City of Romulus Departments or Divisions prior to the award of the bid unless sanctioned by the Purchasing Department.

REQUESTS FOR PRE-BID CONFERENCES

Requests for pre-bid conferences must be submitted in writing via email to the City’s Purchasing Department. Requests must be received prior to 12:00 PM Local Time, April 02, 2025. In the event the Purchasing Department approves a request, notice of said pre-bid conference will be posted on the MITN Purchasing Group page of BidNet Direct. Any changes in specifications resulting from a pre-bid conference will be issued as an addendum and shall be posted on the MITN Purchasing Group page of BidNet Direct.

SITE ACCESS

• After bid/contract award - Only the approved employees, approved contractors, and approved sub-contractors will have access to non-public areas of City of Romulus facilities.

BID SUBMISSION DEADLINE

In order for a bid to receive consideration, it must be received prior to the specified deadline for submission as indicated in the invitation to bid forms. No bid will be accepted after the time specified as the bid submission deadline. The City reserves the right to postpone the bid opening for its own convenience. Any and all bids submitted must be submitted using the Authorized Version of the solicitation documents furnished by the City of Romulus; failure to do so will be considered as an alternate offer and may be cause for rejection.

Bids are considered received when time and date stamped and in the possession of the City of Romulus Clerk’s office or when properly submitted to the MITN Purchasing Group Page of Bidnet Direct prior to the deadline for the submission of a bid. It is the Company’s responsibility to ensure that bids are received on time and in the proper office. The City Clerk’s time stamp will determine the official receipt time. Late bids received by the City of Romulus will be returned unopened to the Company.

THE COMPANY SHALL COMPLETELY FILL IN ALL BLANKS IN THE SOLICITATION DOCUMENTS IN INK OR USING A COMPUTER OR PRINTER. Any corrections made to pricing submitted in the solicitation documents should be initialed and dated by the signer of the bid. Failure to complete and submit all bid forms can result in the bid being deemed nonresponsive and eliminated from consideration for the award of the contract.

BID FORMS

The City of Romulus will accept no changes made to this document by any company except in those areas provided for a company’s response, including the “Bid Pricing Sheet” sections of this document. All pages and the information requested herein shall be furnished in compliance with instructions. The manner and format of submissions is essential to permit prompt evaluation of all bids in a fair and uniform basis. Accordingly, the City of Romulus reserves the right to declare as non-responsive, and reject any incomplete bid if material information requested is not furnished, or where indirect or incomplete answers or information is provided.

AUTHORIZED VERSION OF THE BID DOCUMENTS

The Authorized Version of the Bid Documents shall be the documents as posted on the MITN Purchasing Group page of BidNet Direct.

Copies of documents obtained from any other source are not considered official copies.

mailto:lconway@romulusgov.com

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CHANGE OF SPECIFICATION/DOCUMENTS

If any changes or alterations are made by a company to the documents which are undetected by the City and the company is awarded a contract, the original terms, conditions, and specifications in the authorized version of the solicitation document on file will be applicable during the term of the contract.

ADDENDUM OR CHANGE OF SPECIFICATION

Companies may request clarifications or additional information to the specifications provided if requests are presented in writing via email the City of Romulus Purchasing Department. If in the opinion of the City, and for sufficient reason, clarification to specifications are necessary and a change in specifications is found desirable, the City will post any and all addendum on the MITN Purchasing Group page of BidNet Direct and postpone the bid opening date, if necessary. It is the responsibility of the bidder to obtain all issued addenda and acknowledge receipt of said addenda by including a printed copy of each addendum as part of the required documents for this solicitation and to list the addendum and sign and date the “Acknowledgment of Receipt Addenda Form: supplied in the bid documents.

All such changes or addenda shall become part of the contract and all companies shall be bound by such changes or addenda.

Any company who submits a bid/proposal and later claims it had no knowledge of any changes, modifications, or additions made by the City of Romulus to the authorized version of the solicitation document, shall be bound by the authorized version of the solicitation, including any changes, modifications or additions to the authorized version. If a bid/contract is awarded to a company who claims that it had no knowledge of changes, modification or additions made by the City of Romulus to the authorized version made by the City of the bid/proposal, and the company fails to accept the bid/contract award, the City of Romulus shall recover from such company costs and expenses to re-solicit the item or service.

SPECIFICATIONS

Unless otherwise stated by the company, the bids/proposals will be considered as being in strict accordance with the City of Romulus’ applicable standard specifications, and any special specifications outlined in the solicitation documents. Reference to a particular trade name, manufacturer’s catalogue, or model number are made for descriptive purposes to guide the company in interpreting the requirements of the City of Romulus, and should not be construed as excluding bids on other types or materials, equipment and supplies unless otherwise stated. However, the company, if awarded the contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid/proposal. The City of Romulus reserves the right to determine if equipment/product or service being bid/proposed is equal to the specified equipment/product or service requested.

EXCEPTIONS OR ALTERNATIVES TO SPECIFICATIONS:

Company may take exceptions to the terms and conditions of the bid documents or offer alternatives from the expressed specifications described by the City. The City reserves the right to consider and accept or reject such conditions or alternatives. Company must clearly describe all variances from the specifications herein. If providing exceptions to the specifications or an alternate, indicate the exceptions on the bid pricing sheet where allowed or on an “Attachment II – Exceptions to Specifications” if additional space is needed.

Companies are cautioned that any alternate bids/proposals, unless requested by the Purchasing Department, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirement of this invitation to bid, may be considered non-responsive, and at the opinion of the Purchasing Department, may result in rejection of the bid/proposal.

SUBMISSIONS

• This bid form must be signed by a person authorized to bind and commit the company to provide such goods and/or services offered to the City should their bid/proposal be accepted by the City

• The company acknowledges that the City is a public entity and therefore is subject to all applicable public disclosure laws

• Submission is a conclusive presumption that the company is familiar with the solicitation, contractual requirements, and specifications and that the company understands and agrees to abide by each and all of the stipulations and requirements contained herein.

• Each response should be prepared simply and economically, providing a straightforward concise description of the company’s approach and ability to meet the City’s needs, as stated in this invitation to bid.

• The Company shall be responsible for all costs incurred in the development and submission of their bid/proposal. The City of Romulus assumes no contractual obligation as a result of the issuance of this solicitation, the preparation or submission of a response by a company, the evaluation of an accepted response, or the selection of the finalists. The City of Romulus shall not be contractually bound until the City of Romulus and the successful Company have executed a written contract for the performance of the work, the contract has been awarded by the City’s Council (if required by the City’s Purchasing Ordinance) or until such time as a Purchase Order has been issued to the same.

• All prices shall be quoted in U.S. dollars. Unless the company submitting a proposal specifically notes otherwise, any and all quoted prices will be firm. In case of error in the extension of prices in the response, the unit prices shall govern.

PRICING

Pricing shall be stated in units of quantity specified in the solicitation documents. All prices shall be quoted in U.S. dollars. Unless the Company submitting a bid/proposal specifically notes otherwise, any and all quoted prices will be firm. In case of a discrepancy in computing the amount of the bid, the unit price proposed will govern. All bids/proposals shall specify terms and show delivery dates.

Unless otherwise provided in the bid/proposal by the company, all prices quoted shall be firm for term of the contract, commencing with the date of the award of the bid/contract. Pricing must include all materials, labor, incidentals and expenses including but not limited to delivery costs, training, all required insurance/s, bonds, site cleanup and all other incidentals required for the completion and performance of the work under the bid/contract as outlined in the bid/contract documents.

REQUESTS FOR ADDITIONAL COMPENSATION

Any claim for compensation other than listed on the Bid Pricing Sheet will not be considered for payment to the Company by the City unless itemized in an attachment provided titled, “Attachment III – Additional Reimbursable Charges. The location of the attachment in the submitted bid documents must be indicated on Table of Contents.

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QUANTITIES

All quantities stated are estimates and the City of Romulus reserves the right to increase or decrease the quantity at the units purchased or contracted for as best fits its needs.

DESIGN, STRENGTH, AND QUALITY

Design, strength, and quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practices. The apparent silence of specifications and/or plans as to any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications and/or plans shall be made on the basis of this statement.

IMPORTANT MATERIAL SAFETY DATA SHEET REQUIRED:

All City of Romulus purchases require a MATERIAL SAFETY DATA SHEET, where applicable, in compliance with the MIOSHA "Right to Know Law."

SAMPLES, DEMONSTRATIONS AND TESTING

If requested by the City of Romulus, Bidder shall provide product samples and/or testing of items bid to ensure compliance with specifications. Samples, demonstrations and/or testing may be requested at any point prior to or following bid award. All samples (including return thereof), demonstrations and/or testing shall be at the expense of the Bidder.

COMPLIANCE WITH FEDERAL, STATE, COUNTY, AND LOCAL LAWS

Bids must comply with all federal, state, county and local laws, to include but not be limited to, all applicable standard safety, emission, and noise control requirements. Any vehicles or equipment shall contain all standard safety, emission, and noise control requirements required for the types and sizes of equipment at the time of their manufacture. The Contractor agrees, during the performance of work or service, to comply with all applicable laws, codes and ordinances of all applicable branches of the Federal Government, City of Romulus Michigan, or State of Michigan as they may apply, as these laws may now read or as they may hereafter be changed or amended.

WITHDRAWAL

Bids/Proposals may be withdrawn in person by a company, or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the stated bid submission deadline. No bid/proposal can be withdrawn for 90 days following the public opening of the bid/proposal. Companies may reduce this period if it clearly states so in their bid/proposal; however, the company runs the risk of being declared non-responsive to the specifications.

In case of error by a company in making a bid/proposal, the City of Romulus’ Purchasing Department may, by discretion, reject such bid/proposal upon presentation of a letter by the company which sets forth the error, the cause thereof, and sufficient evidence to substantiate the claim.

FAILURE TO COMPLY

For failure to deliver or perform in accordance with the awarded bid/contract, the City may consider the company in default and take steps to protect the City's interests. The City may, without impairing its other rights and benefits, purchase all or part of the contract goods or services on the open market and charge any additional costs to the company or his surety.

DELIVERY

F.O.B. City of Romulus, Michigan, designated location, freight prepaid.

AWARD

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE

IRREGULARITIES AND TO AWARD THE BID IN WHOLE OR IN PART! At the sole discretion of the City, the City reserves the right to disqualify any Company on the basis of any real or apparent conflict of interest that is disclosed in the bid submitted or at any time to the City. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Company to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. A contract will ult imately be awarded to the lowest responsive and responsible responder, as determined in the sole discretion of the City of Romulus or otherwise in a manner deemed by the City to be in the best interests of the City of Romulus. The City may exercise its right to weight bids based on factors deemed, in the City’s sole discretion, to be in the City’s best interests. Submission of a bid/proposal, whether determined to be the lowest actual bid or not, shall not in any way constitute a contract between the Company and the City. No contract proposed to be awarded to the lowest responsive and responsible bidder shall become operative until approved as to legality and form by the city's corporation counsel and until it has received city council approval if it exceeds $12,000.00.

LOWEST, RESPONSIVE AND MOST RESPONSIBLE RESPONDER IS ONE WHO, IN THE SOLE DISCRETION OF THE CITY:

• Completes all forms required by the bid documents as required by the bid documents

• Submits no restrictions or qualifications beyond those permitted in the invitation to bid documents

• Has the skill, quality and ability to conscientiously, faithfully and promptly fulfill the contract to its letter and spirit

• Has integrity, judgment, reputation and experience

• Has sound financial resources as well as the ability to furnish any and all bonding and insurance documents required

• Is able to comply with all terms and conditions set forth in the invitation to bid documents

• Can show the intent and ability to cooperate efficiently and effectively with all Government departments involved in the contractual purchase or service

• Has the knowledge of applicable existing laws and ordinances of the City of Romulus necessary to provide smooth and efficient relations

• Has unquestionable ability to provide maintenance and service on the contractual items purchased

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LOCAL VENDOR PREFERENCE:

Subject to the local preference provision of City of Romulus Code of Ordinances, Section 39-14, bids received from qualified vendors located within the City of Romulus who are within 5% of the lowest qualified bidder will be offered an opportunity to match the lowest qualified bid. Located within the City of Romulus means a Company that has an established business location with the city other than a home that is used for residential purposes.

NON-DISCRIMINATION CLAUSE:

By signing and submitting this bid for consideration of an award by the City of Romulus, the Company and any subcontractor covenants not to discriminate against an 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, age, sex, height, weight, marital status or a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the contract. When required by the funding body (as indicated in bid documents) the awarded company shall not only observe the provisions of the Davis-Bacon Act, but the letter and spirit of the just compensation standards for all wage earners. (City of Romulus Resolution #92-315)

THE CITY OF ROMULUS IS EXEMPT FROM ALL SALES TAX: - Tax ID 38-6006334.

Do not include such taxes in the bid pricing. The City will furnish the successful company(s) with tax exemption certificates when requested.

IRS FORM W-9 AND THE VENDOR INFORMATION REQUEST FORM

As required by the City auditors, the awarded Company must have on file with the City of Romulus a current IRS Form W-9 and a completed City of Romulus Vendor Information Request Form before City will issue a PO to the successful Company.

If the Company is currently not a vendor for the City of Romulus a Vendor Information Request Form provided herein must be completed and should be included with their bid.

ISSUING OF PURCHASE ORDER

The City shall issue a PO to the awarded Company immediately upon receipt of all required insurances, original copies of any insurance riders, required forms, permits and a properly signed and executed contract documents that are required by the bidding documents. The purchase order number must appear on all itemized invoices and packing slips. The City of Romulus will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the City’s using Department for which a valid invoice has been received.

INVOICES

Invoices for services/products must be submitted immediately following the delivery of all items being requested in this solicitation.

Invoices should be mailed to the same address indicated herein for the delivery of the items being requested in this solicitation. When a delivery ticket is required by the bidding documents, a copy of each delivery ticket being invoiced must be attached to the invoice. Each delivery ticket must have the signature of the employee that accepted the delivery of the product delivered. 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.

PAYMENT TERMS

Payment will be net 30, following receipt of invoice, unless otherwise specified by the City of Romulus.

PREPAYMENT OR PAYMENT DRAWS

Request for payments prior to receipt of products or project completion are not permitted.

RECORDS

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

USE OF THE CITY SEAL OR BRANDING-

Companies are prohibited from using the official Seal of the City of Romulus or any of the City’s branding artwork in this Bid or in any other manner.

INDEMNIFICATION

To the fullest extent permitted by law, the successful company agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Romulus, its consultants, agents, elected officials, appointed commissioners, volunteers and employees from and against any and all claims for losses demands, suits, or loss, including all costs connected therewith, for any damages which may be asserted, claimed or recovered against or from the City of Romulus, its consultants, agents, elected officials, appointed commissioners, volunteers and employees or others working on behalf of the City of Romulus, resulting by reason of liability or claim of liability and from suits or a charge of every nature and description brought against if for, or on account of, any injuries or damages received or sustained by the parties by or from any of the acts of the contractor, the contractor’s employees, or agents; from all liability claims, demands, judgments and expenses to persons or property occasioned, wholly, or in part, by the acts or omissions of the bidder, contractor, agents or employee that may arise out of the performance of this contract .

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NON-IRAN LINKED BUSINESS

Pursuant to Michigan law before the City can accept any bid or proposal or enter into any contract for goods and services with any prospective Company, the Company must certify that it is not an "Iran Linked Business".

By signing the bid pricing sheet and by the submission of a bid or proposal, the individual signing the bid certifies and agrees on behalf of himself and the company submitting this bid/proposal the following:

• that the signer is duly authorized to legally bind the company submitting this bid/proposal; and

• that the company submitting this bid/proposal is not an "Iran linked business," as the term is defined in Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and

• that the signer and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

APPLICABLE LAW

Any and all disputes arising under this contract to be negotiated hereunder or out of the bids herein shall be governed according to the laws of the State of Michigan. The Company agrees that the venue for any action to enforce provisions of the contract shall be in the County of Wayne, State of Michigan. In the performance of services, Company further agrees to comply with all applicable State, Federal, and local statutes, ordinances, and regulations, and obtain any and all permits applicable to the performance of such service

WAIVER OF GOVERNMENTAL IMMUNITY

Nothing in any of the Contract Documents shall be construed as an admission of liability or a waiver of any governmental immunity to which the City of Romulus may be entitled. The City expressly reserves any and all such immunity. There are no third-party beneficiaries to this contract.

FOIA REQUIREMENTS

Any proprietary or confidential material (financial statements, etc.) that was submitted by a proposal and is clearly marked as such will be returned upon request. Marking the entire proposal as confidential will not be accepted or honored. Remaining non-confidential material in the proposal, including proposed costs and compensation, will be maintained for the official files and will be subject to the

Freedom of Information Act, MCL 15.231 et. Seq. Proposals and supporting materials become the property of the City of Romulus and are subject to public disclosure after the deadline for submission in accordance with the law.

INDEPENDENT CONTRACTOR/SUBCONTRACTORS

The Contractor, any Subcontractors or any person performing any of the work or services described hereunder shall not under any circumstances be considered an officer, agent, servant or employee of the City.

CHANGE ORDER

No different or additional terms will become part of this contract with the exception of a change order. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and at the discretion and approval of the City of Romulus. No change order will be binding unless signed by an authorized representative of the City of Romulus and the Contractor and approved by City Council if necessary.

EARLY TERMINATION

The City of Romulus reserves the right to cancel the contract at any time during the term of the contract with a 30 day written notice of Cancellation presented to the address of notification as sited in the Contract documents. No fees for early termination of the contract will be paid by the City to the Company.

TERMINATION FOR DEFAULT

The City of Romulus reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Romulus in the event of breach or default of this contract. The City of Romulus reserves the right to terminate the contract immediately in the event the Contractor fails to perform to the terms of specifications or fails to comply with the terms of this contract. Breach of contract or default authorizes the City of Romulus to award to another Bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting party.

SALE, ASSIGNMENT OR TRANSFER OF CONTRACT

The Contractor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of Romulus.

SERVICE CONTRACT RENEWALS

All service agreements awarded resulting from this solicitation shall revert to a month-to-month plan at the end of initial agreement duration.

SERVICE CONTRACT AUTO-RENEWALS

Any service agreement renewals with an auto renew clause may only renew in one year increments. The City shall have the right to discontinue or cancel the renewal at any time up to 29 days’ prior the renewal date. The servicing agency shall inform the Ci ty of its upcoming renewal between 60 and 90 days prior to the renewal. Failure of the servicing agency to notify the City of the upcoming renewal, gives the City the right to cancel service at any time without penalty.

CONTRACT EXTENSIONS

All contract terms are subject to extension and/or renewal, upon mutual written agreement of the parties. The contract may be extended for not more than two one year extensions.

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CITY OF ROMULUS

ITB 24/25-13 Two Year Contract Pricing for Gravel, Sand & Limestone

INSTRUCTIONS & MATERIAL SPECIFICATIONS

CONTRACTOR INSTRUCTIONS/REQUIREMENTS

DELIVERY TICKETS

Delivery tickets must show scale weights and/or tons of the product delivered and the location of where the product was delivered and must be signed by an employee authorized by the DPW Director to receive such materials. No delivery shall be accepted and no remittance shall be made for any delivery of product/s that does not strictly adhere to the product standard and delivery requirements as outlined within these bid documents

MATERIAL SAMPLING AND TESTING

All material tests will be made at the expense of the City unless otherwise provided. The City shall at all times have access to the plants where such materials are produced if desired for inspection. Plant inspection may be made for any reason that is in the best interest of the City to inspect the quality of the product and plant equipment. The material may also be either inspected or tested when received at the DPW yard. Approval of the material at the producing plant does not constitute a waiver of the City’s rights to reject it on delivery.

The standard for testing materials, unless otherwise specified, shall be as established by the American Society for Testing Materials.

All sieve analysis for aggregate (gravel, limestone, and sand) and percentages of objectionable particles in the aggregate may be based on dry or wet weights in accordance with the City’s methods. Determination of loss by washing will be based on dry weights.

ESTIMATED QUANTITIES:

The quantities indicated are reasonable approximates of the City’s anticipated annual usage. The City, however, cannot guarantee that it will order the amount specified and, therefore, if the amount ordered is less than that indicated, this fact shall not constitute the basis for an equitable price adjustment; nor will the City be obligated to, or assume the responsibility for ordering/paying for any resulting difference. Contract quantities may be ordered in multiple load capacities at one time, or several individual orders throughout the year.

CONTRACT TERM:

The contract is for a term of two (2) years from the date of award by the Romulus City Council ending 6/30/2027.

DELIVERY:

All materials shall be delivered FOB to the City of Romulus Department of Public Works yard, 12600 Wayne Road, Romulus, MI, on an “as needed basis” or wherever needed within the City of Romulus and as directed by the City of Romulus Department of Public Works Director or Roads Foreman.

BID PRICING:

The product pricing submitted by the successful bidder, will remain in effect for the term of the agreement unless indicated on the Bidder’s Tabulation Sheet as a variance from the specifications. For budgeting purposes, any vendor guaranteeing pricing for the term of the agreement will be given preference in the award of the bid.

All Pricing must include any and all additional fees, including but not limited to:

o delivery fees o bid preparation o cost for required insurance coverages o labor o fuel Surcharge o materials

IRS FORM W-9 AND NEW VENDOR FORM

As required by the City auditors, the awarded Contractor must have on file with the City of Romulus a current IRS Form W-

9 and a completed City of Romulus new Vendor Form before City will issue a PO to the successful Company.

If the Company is currently not a vendor for the City of Romulus a New Vendor Form provided herein must be completed and should be included with their bid.

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ISSUING OF PURCHASE ORDER

The City shall issue a blanket PO (for the current fiscal year - July 1 thru June 30) to the Company immediately upon the receipt of all required insurances, original copies of any insurance riders, required forms, permits and a properly signed and executed contract documents that are required by the bidding documents. The PO# shall be reflected on all invoices submitted to the City for payments.

INVOICES

Invoices must be submitted directly following the delivery of each order. A copy of each delivery ticket being invoiced must be attached to the invoice. Each delivery ticket must have the signature of the DPW employee that accepted the delivery of the product delivered. 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.

PAYMENT TERMS

Payment will be net 30, following receipt of invoice, unless otherwise specified by the City of Romulus.

PROOF OF COMPLIANCE WITH M.D.O.T. STANDARDS:

All Bidders must be Michigan State Regulated Carriers and include proof of their compliance with M.D.O.T. standards must be included with their bid.

TRANSPORTATION EQUIPMENT

Equipment used to transport any of the bid items shall be clean. Cracks and holes in transport equipment shall be permanently repaired with lumber or sheet metal securely fastened in place. The use of hay, straw, burlap or similar material for repairing holes will not be permitted.

MATERIAL SPECIFICATIONS

AGGREGATE MEASUREMENT AND ALLOWABLE MOISTURE

The aggregate (22-A gravel and 21-AA Limestone) will be measured by weight. The pay weight will be based on the weight of the material at the time of weighing shall have been checked for accuracy by a scaler of weights or a scaler service company within the past twelve (12) months.

If the material contains more than the allowable percentage of moisture, the excess over the allowable percentage will be deducted from the scale weights. No correction, or addition will be made to the scale weight if the aggregate contains less than the allowable percentage of moisture.

• 22 - A GRAVEL

This material shall consist of hard, durable particles of gravel, stone, in combination with sand, conforming to the following grading and physical requirements.

22-A Gravel Aggregate shall be placed in stockpile built up in layers not more than three (3) feet in depth and each layer shall be completed before beginning the next layer. The aggregate shall be deposited in such a manner as to prevent it from segregating by falling over the sides of the stockpile.

GRADING REQUIREMENTS

SQUARE SIEVE OPENINGS TOTAL % PASSING

1” 100%

¾” 90 - 100

3/8” 65-85

No.8 30-50

Loss By Wash 4 - 8

PHYSICAL REQUIREMENTS FOR GRAVEL: MINIMUM CRUSHED………..25%

The percentage of crushed material will be determined by dividing the weight of the fractured particles by the weight of that portion of the sample from which they are selected. When a minimum percentage of crushed material is required, the crushed particles shall be distributed throughout the product so that any portion will contain the minimum percentage of crushed material specified. Particles having at least one (1) fractured face resulting from the crushing operation will be considered as crushed material.

WEAR DEVAL ABRASION……………30%

UNIT MEASUREMENT FOR GRAVEL WILL BE TONS

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• 21AA LIMESTONE

% PASSING

SIEVE OPENINGS

100 % PASSING 1-1/2

85 – 100% PASSING 1”

50 – 75% PASSING 1/2”

20 – 45% PASSING - #8 2.36m.m.

4 – 8%…. LOSS BY WASHING

UNIT MEASUREMENT FOR 21AA WILL BE TONS

• SCREENED TOPSOIL

o Topsoil shall be the top twelve (12) inches or less of soil taken from the top of the natural and undisturbed ground level and shall be a loam containing a sufficient amount of organic matter to be proper texture.

o Topsoil containing undesirable grasses, weed roots and other unsuitable material will not be acceptable.

o Topsoil shall be subject to the approval of the Department of Public Works.

o Topsoil shall be screened.

UNIT MEASUREMENT FOR TOPSOIL WILL BE TONS

• “CLASS II” SAND FOR TRENCH BACKFILL

GRADING REQUIREMENTS

SQUARE SIEVE OPENINGS TOTAL % PASSING

2-1/2” 100

1” 60 – 100

#100 0 – 30

LOSS BY WASH 0 – 7

UNIT MEASUREMENT FOR SAND WILL BE TONS

• 1” - 3” LIMESTONE

SQUARE SIEVE OPENINGS TOTAL % PASSING

3” 100

2-1/2” 98

2” 90

1-1/2” 66

1” 17

½” 1

UNIT MEASUREMENT FOR 1” - 3” LIMESTONE WILL BE TONS

**Any Company bidding a product other than per bid specification must indicate this, and list all variations from the bid specifications, where allowed. Any and all Manufacturer’s specification literature must accompany the bid.

All questions regarding this solicitation shall be directed to City of Romulus', Purchasing Department, in writing via email. All questions should be emailed to Purchasing@romulusgov.com. Other than requests for information submitted to Christina

Parker, all bidders shall refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may participate in the selection process, including the City Mayor, Department Heads or any other individual consultant or evaluation panel. This is intended to create a level playing field for all potential bidders, assure that decisions are made in public and protect the integrity of the solicitation process.

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CITY OF ROMULUS BID PRICING SHEET

The totals listed are estimates and do not guarantee a total amount ordered per year.

Is Attachment I – Contractor’s Questionnaire attached (Check one)?

YES

NO

Is an Attachment II –Exceptions to Specification Attached (Check one)?

YES

NO

Is an Attachment III Additional Reimbursable Charges Attached (Check one)?

YES

NO

Is proof of M.D.O.T. Michigan State Regulated Carrier Included (Check one)?

YES

NO

APPROXIMATE

ANNUAL

QUANTITY DESCRIPTION

MINIMUM

ORDER AMOUNT

UNIT PRICE

Year One

UNIT PRICE

Year Two

!,000 TONS 21AA Limestone $ $

100 TONS Screened Topsoil $ $

1,000 TONS 22-A Gravel $ $

1,500 TONS Class II Sand $ $

500 TONS 1” – 3” Limestone $ $

*Indicate Exceptions or Variations from Bid specifications:

Bidders are to comply with all requirements of this solicitation, otherwise the bid may be deemed nonresponsive. Exceptions may be considered if they are presented with the bid 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. (CHECK ONE)

No Exceptions Taken

Exceptions Taken – Please note in the space provide below any and all exceptions taken to the specifications.

Additional space is required “See Attachment II – Exceptions to Specifications” and place the attachment directly behind the Bid Pricing Sheets.

Contractor’s Desired Payment Terms:

Indicate here the number of calendar days required ARO for delivery of product F.O.B. to the City of Romulus?

NOTE: U.S. FUNDS: All prices quoted are to be in U.S. Currency.

By signing below, the individual signing on behalf of the Contractor represents and agrees that he has sufficient skill and experience to determine a contract price for the performance of the work in conformity with the specifications. The Contractor shall give written notice of any ambiguities in bid documents to the City, prior to the submission of the Contractor’s bid. It shall be conclusively presumed that the Contractor has exercised his skills and experience and finds the specifications sufficient and free from ambiguities for the purpose of determining this contract price for the performance of the work as outlined in the specifications.

Name:

Title:

Signature:

Company:

Address:

City/State/Zip:

Phone Number:

Email Address:

*PLEASE PRINT OR TYPE ENTRIES IN INK OR USING A COMPUTER OR PRINTER!!!

# of Days

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BID CERTIFICATION, STATEMENT OF NON-COLLUSION AND CONFLICT OF INTEREST

THE BIDDER HEREBY CERTIFIES THAT:

(1) The Company responding to this Invitation to bid, hereinafter called the "Bidder or Contractor", declares that he/she has carefully read and understands the Invitation to Bid documents, has full knowledge of the scope, nature, quantity and quality of work to be performed and will provide the equipment or service, as described herein for the price set forth in this bid.

(2) Any changes to the specifications and its impact on the final cost will be discussed and mutually agreed upon before the delivery of the services. Unless specified to the contrary, by the submission of a response to this Invitation to Bid, it will be interpreted as agreement to all provisions and requirements of this document and addendums thereto.

(3) The Bidder understands that it is the intention of the City to award the bid to the Bidder or Bidders determined in the sole discretion of the City as being the lowest qualified Bidder or Bidders, having regard for fitness and capacity to furnish the quality of materials and workmanship which will best meet the requirement of the City, provided however, that the right to reject any or all bids is expressly reserved by the City. The City may exercise its right at its sole discretion to weight bids based on factors deemed, in the City’s sole discretion, to be in the City’s best interests.

(4) The Bidder affirms that he/she is duly authorized to execute this bid, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other proposer and that the contents of this bid as to prices, terms or conditions have not been communicated by the undersigned, nor by any employee or agent, to any competitor, and will not be, prior to the award and the bidder has full authority to execute any resulting contract awarded as the result of, or on the basis of the bid.

(5) The prices quoted herein constitute the gross total cost to the City of Romulus for all units or work involved in the respective items, and that these costs includes all taxes, insurances, royalties, transportation charges, use of all tools and equipment, supervision, bond and overhead expense, all profits, and all other work, services and conditions necessarily involved in the work done and materials furnished, in accordance with the requirements of the contract documents considered severally and collectively. It is understood that all proposed prices shall remain in effect for at least ninety (90) days from the date of the bid opening to allow for the award and that, if chosen the successful vendor, the prices will remain firm for one (1) year.

(6) Unit prices contained in the Bid are neither directly or indirectly the result of any agreement with anyone, and that the Bidder has not by himself or through others had any secret understanding with anyone with respect to any provisions contained in this Invitation to Bid.

(7) The bidder represents that it has not:

a. Provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity

b. Retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business

(8) By submission of a response, the Proposer agrees that at the time of submittal, he/she:

a. Has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and shall not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of Bidder’s services, or

b. Will not benefit from an award resulting in a “Conflict of Interest.” A “Conflict of Interest” shall include holding or reta ining membership, or employment, on a board, elected office, department, division or bureau, or committee sanctioned by and/or governed by the City of Romulus.

(9) Proposers shall identify any interests, and the individuals involved, on separate paper with the response and shall understand that the City, at its discretion may reject their bid.

(10) NO CONTACT HAS BEEN MADE WITH ANY CITY EMPLOYEE, FOR THE PURPOSE OF EXPLANATION OF ANY OF THE

BID DOCUMENTS, WITH THE EXCEPTION OF CHRISTINA PARKER, PURCHASING DIRECTOR..

Date:

Name of Company:

Name of Company Representative:

Signature of Representative:

Title:

Company Address

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ATTACHMENT I - CONTRACTOR'S GENERAL QUESTIONNAIRE and REFERENCES

Failure to complete this…