ITB-W-1472.pdf

ITB-W-1472 3/10/2025 11:25:00 AM

Lori M. Stone, Mayor Purchasing Division, Office of the Controller One City Square, 4th Floor

Warren, MI 48093-5289

Phone (586) 574-4639

FAX (586) 574-4614

INVITATION TO BID

ITB-W-1472 MARCH 10, 2025

ELECTRONIC BIDS TO FURNISH APPLIANCES FOR THE CITY OF WARREN, SENIOR HOUSING

COMMISSION, ARE BEING ACCEPTED.

ELECTRONIC BIDS MUST BE ENTERED INTO THE BIDNET (MITN) PROCUREMENT SYSTEM ON, OR

BEFORE, 12:30 PM, WEDNESDAY, MARCH 26, 2025.

PLEASE SEE SPECIAL INSTRUCTIONS ON PAGE TWO (2) OF THE BID FORM

A PUBLIC BID OPENING WILL TAKE PLACE AT 1:00 PM EST ON MARCH 26, 2025 VIA THE “ZOOM APP”

WHICH WILL BE HOSTED BY THE CITY COUNCIL OFFICE. PLEASE JOIN THE ZOOM MEETING BETWEEN

12:50 AND 1:00 PM EST, ON THE DAY OF THE BID OPENING IN ORDER TO VIEW OR LISTEN TO THE BID

OPENING VIA THE ZOOM APP.

LINK TO ZOOM MEETING:

https://cityofwarren.zoom.us/j/81113342189?pwd=ac6f4QB3PD16Db923XjqOT1Wq506Jy.1

ZOOM CALL-IN #: 1 305 224 1968

ZOOM MEETING ID: 811 1334 2189

ZOOM MEETING PASSWORD: 405561

Addenda, clarifications and changes to the bid documents must be obtained on line by registering (free registration available) for the MITN system as follows: 1) go to www.BidNetDirect.com/MITN, 2) Click on “Register Now”, 3) Activate your account & select your registration option. Call 800-835-4603 and press option two (2) to speak live with customer support.

You shou ld reg i s te r fo r N IGP commod i ty code s :

04524 - Dishwashers

04552 - Ovens, Microwave

04554 - Ranges, Stove Tops, and Ovens, Electric

04566 - Refrigerators And Freezers

04594 - Washers And Dryers, Residential Type

Additional information regarding this bid or any questions can be answered by contacting the

Assistant Buyer, Shanah Turner of the City of Warren, Purchasing Division preferably by e-mail, sturner@cityofwarren.org Subject: ITB-W-1472.

Sincerely, Shanah Turner

Assistant Buyer https://cityofwarren.zoom.us/j/81113342189?pwd=ac6f4QB3PD16Db923XjqOT1Wq506Jy.1 http://www.bidnetdirect.com/MITN mailto:sturner@cityofwarren.org

ITB-W-1472 CITY OF WARREN Page 2 of 14

Company Name: _________________________________________________________

SPECIAL INSTRUCTIONS FOR ELECTRONIC BID SUBMISSION:

The City will require the vendor to perform the following, via the BidNet (MITN) system, within the bid solicitation, in order to have the bid considered for award:

1. The bidder shall complete the bid form in its entirety, sign Page 3 and all other appropriate areas

(clauses, etc.), scan the document, and upload the completed document (pages 1-14) with your electronic bid submission.

2. If the Vendor has any questions regarding the steps needed to complete the electronic bid submission, they shall contact the BidNet (MITN) help desk at 1-800-835-4603. Select Option 2 when prompted.

3. Electronic bids must be entered no later than the bid due date and time. The BidNet (MITN) system will prohibit vendors from entering bid information after the scheduled due date/time.

4. The City shall not have access to bid results until after the scheduled due date/time.

5. The bid opening shall be made available to the public via a ”Zoom Meeting”. Interested parties will need to access the Zoom app and enter the Meeting ID # and the Password in order to obtain access to the public bid opening. Interested members of the public may view or listen to the results at that time.

6. The Zoom Meeting Call-in #, ID# and password for this bid opening can be found on the first page of this bid document.

7. The link to view the bid opening via “Zoom Meeting” can be found on the first page of this bid document.

8. The public shall have the ability to join the Zoom Meeting any time after 12:50 pm EST on the bid due date.

9. The public bid opening via “Zoom” shall occur at 1:00 pm EST on the bid due date.

PRICE CLAUSE:

The City of Warren requests that prices be held firm for 60 days or bid award, whichever comes first, except for the successful bidder whose prices shall be held firm the entire contract period, which shall be for a one (1) year period, commencing on May 11, 2025 or the official date of

Warren Housing Commission approval, whichever occurs later.

The City will order items on an as-needed basis and the quantities ordered may vary. Bid prices include total costs to furnish and deliver the products offered at the times and quantities specified herein including freight, labor, and any additional charges that are applicable.

Authorized Signature for________________________________________________________

Pricing Clause

ITB-W-1472 CITY OF WARREN Page 3 of 14

BID PROPOSAL:

The undersigned proposes to furnish APPLIANCES to the CITY OF WARREN, SENIOR HOUSING

DEPARTMENT in accordance with the requirements of the enclosed bid specifications.

GRAND TOTAL (FROM PAGE 4 OF BID FORM): $__________________________________

IMPORTANT: ONLY APPLIANCES OF THE SAME FUNCTION AND SIZE WILL BE CONSIDERED FOR

AWARD. IF BIDDING ON AN ALTERNATE PRODUCT, THE VENDOR IS REQUIRED TO SUBMIT MAKE, MODEL, AND COMPLETE MANUFACTURER’S PRODUCT SPECIFICATIONS FOR EACH ALTERNATE

PRODUCT BID.

In some cases, appliances bid that have larger size dimensions than required may not fit existing installations without modification to the apartments. Any additional cost for installation will be taken into consideration in evaluating appliance cost. For sake of uniformity and minimizing inventory, models offered shall equal the specified models in function and form.

IT IS MANDATORY OF ALL BIDDERS TO RETURN THIS SHEET FULLY COMPLETED AND SIGNED BY AN

AUTHORIZED REPRESENTATIVE WITH THEIR ELECTRONIC BID. FAILURE TO PROPERLY SIGN IN THE AREA

PROVIDED BELOW MAY RESULT IN YOUR BID NOT BEING ACCEPTED.

The undersigned has carefully checked the bid figures and understands that he shall be responsible for any error of omission in this bid offer and is in receipt of all addenda as issued.

Signature of __________________________________________________________ DATE_______________

Authorized Company Representative

_________________________________________ COMPANY NAME ________________________________

(Print name of Signature)

ADDRESS CITY STATE ZIP CODE

TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS

WARRANTY (If Applicable)

ACKNOWLEDGMENT OF ADDENDA:

In the event that any addenda are posted on the MITN system, acknowledge receipt of the addenda by indicating the addenda number below and sign in the space provided. A copy of each addenda posted should be included in your proposal:

Addenda #1: _______________ Signed: _____________________________________

Addenda #2: _______________ Signed: _____________________________________

Addenda #3: _______________ Signed: _____________________________________

EXCEPTIONS: Where an exception to any specification is taken, such exception shall be clearly indicated below and along with the specifications attached hereto, shall be considered an integral part of this bid proposal.

ITB-W-1472 CITY OF WARREN Page 4 of 14

PRICING DETAIL:

Please complete pricing section below and enter the grand total on Page Three (3).

EST.

QTY.

DESCRIPTION (DELIVERY ONLY)

PRODUCT

QUOTED

UNIT

PRICE

EXTENDED

PRICE

1. 20

Range, Electric, 30" standard clean with digital clock Color: White.

Cord not required.

Hot Point-Model RBS360D-WW or equal

2. 6

Range, Electric, 30" with front controls, no cord; Color: white. GE-Model JBS460D-WW or equal

3. 20

Refrigerator, Dim: 29-1/2" deep. By 28" wide.

61 3/4" in. high. Color: White, 15.7 cu. ft.

Hotpoint-Model HPS16BTNRWW or equal

4. 15

Washer/Dryer, 24 " Electric Dryer, STACKABLE, Color: White. Cord not required.

Dim: 23 7/8" wide 27 1/4"deep. 71 3/4" high.

Whirlpool-Model WET4024-W or equal

5. 15

Dishwasher, 24" w, with heated drying.

Color: White.

Hotpoint-Model HDF310PGRWW or equal

6. 10

Air conditioner, 115 Volt, must fit J sleeve.

Frigidaire-Model FATC103WA1 or equal.

Min.10,000BTU

7. 2

Air conditioner, 230 Volt, must fit J sleeve.

Frigidaire-Model FHTC123WA2 208/230V or equal. Min.12,000BTU or equal

8. 30

Garbage Disposal

InSinkerator Badger 1 (1/3 HP) FWD-1 or equal

GRAND TOTAL (Enter total on Page 3 of the bid form) : $

THIS BID IS FOR THE DELIVERY OF APPLIANCES ONLY. NO INSTALLATION IS REQUIRED.

The awarded contractor will be responsible for taking appliances off of the truck and delivering them to the appointed space (boiler room, or adjacent building). The boiler room is located approximately 30 yards from the street. An ADA ramp is accessible and can be used to dolly the appliances into the boiler room. The City estimates that they will order approximately 6-10 appliances at a time. Thus, in most scenarios, a semi-truck is not needed. A smaller box truck can be utilized and be brought up to the stairway that leads to the boiler room. If a semi-tractor, or trailer, is utilized, it will need to park on the street.

ITB-W-1472 CITY OF WARREN Page 5 of 14

ESTIMATED QUANTITIES:

Quantities indicated are estimates for bid award purposes. The City has provided the best estimate of quantities for a one (1) year period. Actual usage may increase or decrease. Vendor shall supply items as per bid and hold the City harmless for increase or decreases in quantities.

Authorized Signature for_______________________________________________________

Estimated Quantities Clause

COMPLETION AND DELIVERY:

Delivery will be made to:

26600 Burg Rd.

Warren, MI 48089

Attn: Kavin Yaden, Sr. Housing

Phone: 586-758-1310

Between the hours of 8:30 am - 4:30 pm. Items will be delivered inside boiler room.

Delivery is desired within 10 calendar days after receipt of purchase order.

Please indicate the following:

We can meet this schedule.

We cannot meet this schedule but offer delivery as follows: _________________________

Authorized Signature for_______________________________________________________

Completion and Delivery Clause

RETURNS CLAUSE:

The awarded vendor shall be responsible for all freight charges to return equipment if the awarded vendor ships incorrect or damaged equipment to the City.

Authorized Signature for_______________________________________________________

Returns Clause

INSPECTION CLAUSE

Contractors quoting on alternative makes or models must submit make, model, and complete manufacturer’s product specifications with their bid. The site will generally be open for visual inspection during business hours upon prior arrangement with owner’s representative. Bidders are advised to contact the Senior Housing Director of Operations, Mr. Kavin Yaden, at (586) 758-1310 for any details concerning site visits. NOTE: The boiler room door opening is 92" high and 70" wide and is accessible from the street.

Authorized signature for _________________________________________________________

Inspection Clause

ITB-W-1472 CITY OF WARREN Page 6 of 14

WARRANTY:

Please list the warranties being offered as part of your bid price.

Authorized signature for _________________________________________________________

Warranty Clause

REFERENCES:

Please list the municipalities/companies for which your company has provided similar work. Bidder shall demonstrate that they have a minimum of five (5) years’ experience with the type of work being requested in this bid document.

1. Agency: _______________________________________________________ Year: _____________

Address: _____________________________________________________________________________

Contact Name: ____________________________________ Phone: __________________________

Work Provided: _______________________________________________________________________

2. Agency: _______________________________________________________ Year: _____________

3. Agency: _______________________________________________________ Year: _____________

ITB-W-1472 CITY OF WARREN Page 7 of 14

INSURANCE REQUIREMENTS:

INSURANCE CERTIFICATE MUST BE SUBMITTED BY THE INSURANCE AGENCY, NOT THE PROPOSER.

The awarded vendor shall be required to provide the City with certificates of insurance naming the

City of Warren, City of Warren Municipal Building Authority, Downtown Development Authority, Tax

Increment Finance Authority, the 37th District Court, all elected appointed officials, employees and volunteers as individuals acting within the scope of their authority, AS AN ADDITIONAL INSURED.

It is understood and agreed by naming the City of Warren as additional insured, coverage afforded is considered to be primary, and any other insurance the City of Warren may have in effect shall be considered secondary and/or excess.

Additionally, the awarded vendor shall provide language, within the “Description of Operations” section, that “AGREES TO WAIVE THEIR INSURER’S RIGHT OF SUBROGATION UNDER ITS POLICIES”.

The awarded vendor shall provide the following coverage and limits (Sub-contractors utilized by the awarded bidder shall be subject to these same conditions).

COMMERCIAL GENERAL LIABILITY:

The following coverage is part of the General Liability policy:

Policy should be on an OCCURRENCE BASIS WITH COMBINED SINGLE LIMITS.

General Aggregate $2,000,000

Products/Completed Operations Aggregate $1,000,000

Personal & Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage-Any one fire $ 50,000

Medical Expense-Any one person $ 5,000

Per project aggregate limit, Independent contractor’s coverage, Broad form property damage Blanket contractual liability coverage

AUTOMOBILE LIABILITY:

Automobile liability insurance coverage shall be $1,000,000 combined single limit for any auto and include hired autos and non-owned autos.

WORKERS’COMPENSATION INSURANCE:

Workers’ compensation insurance shall be statutory under the State of Michigan Workers’

Compensation Act.

UMBRELLA LIABILITY POLICY:

UMBRELLA LIABILITY SHALL BE $2,000,000 AND BE “FOLLOWING FORM”

The umbrella policy shall be written on an occurrence basis and at a minimum provide excess to the

Bidder’s General Liability, Automobile Liability and Employer’s Liability policies.

Coverage shall be provided by a carrier(s) rated A- or better by A.M. Bests.

Insurance certificates shall contain a provision to the effect that the insurance company SHALL NOTIFY the City at least thirty (30) days prior to CANCELLATION OR MATERIAL CHANGE of the insurance.

( ) Can meet insurance as indicated.

( ) Cannot meet but offer the following:

Authorized signature for _____________________________________________________________________

Insurance Clause

ITB-W-1472 CITY OF WARREN Page 8 of 14

GENERAL CONDITIONS (Effective January 17, 2025)

SIGNATURE

Bids and all information requested of the vendor shall be entered in the appropriate space on the bid form and Signature Page. Failure to do so may disqualify your offer.

An authorized officer or employee of the vendor shall sign all bids.

ELECTRONIC BID SUBMISSION

Electronic bids shall be submitted by the date specified and at or prior to the time specified to be considered. Late bids, e-mail, sealed, telegraphic, or telephone bids will NOT be accepted.

The bidder is required to submit their bid electronically via the BidNet (MITN) system in order to be considered for award.

Bids received after 12:30 pm of the date they are due will not be accepted.

RELATIONSHIP DISCLOSURE

It is required that any relationship (business or personal) to a City employee or official be disclosed.

This includes employment or other professional engagements.

ALTERATION OF BID DOCUMENTS

Vendor changes or alterations to the bid documents, including the specification, may result in the bid being considered non-responsive and/or the Bidder being debarred. The only authorized vendor changes to the bid documents will be in the areas provided for the Bidder’s response including the “Exceptions” section of the bid and on separate attached sheets submitted by the vendor. Vendor shall clearly identify product offered and deviations from the specification. If a change or alteration to the bid document is undetected, and the bid is awarded the contract, the original terms, conditions, and specification in the authorized version of the bid document will be applicable during the terms of the contract. Bidders are responsible for ensuring they have obtained all relevant documents including amendments, clarifications, changes, drawings, etc.

as made available by the City.

PRICES

Prices quoted shall be for new products in current production unless otherwise specified. Where refurbished or discontinued items are offered they shall be clearly identified as such.

Prices quoted shall be exclusive of any rebates due the City. Any rebates the City may be entitled to should be shown as a separate line item and include expiration date.

Corrections and/or modifications received after the bid closing time specified will not be accepted.

Unit prices prevail.

All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink.

All prices will be proposed F.O.B. DESTINATION, INCLUDE ALL DELIVERY AND ANY ADDITIONAL

CHARGES and remain in effect as specified in the bid.

ITB-W-1472 CITY OF WARREN Page 9 of 14

AWARD

Unless otherwise stated in the bid documents, the City cannot guarantee exclusivity of the contract for the proposed products or services.

Award of the bids shall be based upon a combination of factors, including but not limited to, adherence to bid requirements, references and any other factors that may be in the City’s best interest.

The City reserves the right to reject any and all bids, and to waive any defect or irregularity in bids.

The City reserves the right to accept and separate items in the bid and to accept the bid that, in the opinion of the City, is to the best advantage and interest of the public we serve. The City also has the right to re-solicit bids if it is deemed to be in the best interest of the City.

The City reserves the right to reject low bids which have major deviations from our specifications;

to accept a higher bid which has only minor deviations. By signing the bid, Bidders agree to accept a split award unless the Bidder clearly indicates that it takes Exception. The bid will be awarded to that responsible, responsive firm whose bid, conforms to this solicitation and will be most advantageous to the City, with regard not only to price but also to availability of product, location and quality of product considered.

The City reserves the right to award all line items, to make no award or to award on an individual line item basis, whichever is deemed to be in the best interest of the City.

Time of delivery may be a consideration in the award.

The City reserves the right to consider as unqualified to perform the contract any bidder who does not habitually perform with its own forces seventy-five (75%) of the work involved.

TERMINATION

1. Failure to Perform. The City may terminate a bid award for the failure to perform a term of the bid specifications to the satisfaction of the City. The City shall provide ten (10) days advance written notice to the Awarded Vendor for the failure to perform services or for the violation of any other term of the bid specifications. Unless futile or the violation is recurring, the City shall provide notice and the opportunity to cure the violation prior to termination. Such notice to cure shall be given in writing by first-class mail. In the event of a dispute, or in order to avoid interruption of service, the City may engage another to perform the work and the Awarded Vendor shall be responsible for any costs the City incurs as a result of the Awarded Vendor’s violation. The City may withhold payment to offset any damages the City incurs as a result of the Awarded Vendor’s violation.

2. At Will. A bid award may be terminated at will by the City upon a minimum of thirty (30) days prior written notice to the Awarded Vendor. In the event of termination as provided in this subsection, the Awarded Vendor will be compensated for all services performed and approvable reimbursable expenses from the inception date to the termination date provided the services performed and the expenses were provided in accordance with the bid specifications. Payment shall be made upon the Awarded Vendor delivering to the City all information and materials retained by the Awarded Vendor, affiliates, or subcontractors in performing the services described in the bid specifications, whether completed or in progress.

3. MISREPRESENTATION. In addition, the City may reject this Bid, or cancel a contract with an

Awarded Vendor, if there is evidence of any misleading or intentionally fraudulent information or documents provided in connection with this Bid.

ITB-W-1472 CITY OF WARREN Page 10 of 14

SPECIFICATION

Brand names and numbers, when used, are for reference to indicate the character or quality desired.

Alternate items of equal quality will be considered, provided your offer clearly describes the product being offered. Offers for alternate items shall state the brand and number, or level or quality. When the bidder does not state brand, or level of quality, it is understood the offer is exactly as specified.

The City shall have determine if alternate products are “Equal” to the product being specified.

All products and services shall be in accordance with all applicable federal, state and local statutes, rules, ordinances, etc.

All personnel shall have the appropriate licenses with endorsements for the work performed.

In addition, any personnel driving a vehicle on City property shall have the appropriate valid driver’s license and have or exceed minimum statutory insurance requirements.

E-VERIFY

Any bidder, attesting to his bid by signature, is affirming that the Bidder has registered with, participates in and utilizes the E-Verify Program (or any successor program implemented by federal

Department of Homeland Security and Social Security Administration) to verify the work status of all newly hired employees employed by the Bidder.

NON-IRAN LINKED BUSINESSES

By signing below, Bidder certifies and agrees on behalf of Bidder and the company submitting this bid the following: (1) that the Bidder is duly authorized to legally bind the company submitting this bid; (2) that the company submitting this bid is not an “Iran linked business,” as defined in Section

2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and (3) that

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

ASSIGNMENT OF AGREEMENT – OTHER CONTRACTORS.

The Awarded Vendor shall not assign the contract or any part thereof without the written consent of the City.

PERIOD AGREEMENTS

No Exclusive Contract/Additional Services. The Awarded Vendor agrees and understands that the contract shall not be construed as an exclusive agreement and that the City may, at any time, secure similar or identical services at its sole option.

Any contract executed pursuant to this Bid, which is for a specific term shall include for an extension of the contract term, at the option of the City, as follows:

The City shall have the sole option to extend the contract herein for a period of two months by written notice to the Awarded Vendor exercising the option served at least ten days prior to the expiration date of the contract. In the event such option is exercised by City, all of the provisions of the contract shall remain in full force and effect other than the date of expiration of the contract.

The quantities have been estimated for bid award purposes and may be estimated based on past usage. The quantities may increase or decrease and the City makes no representation as to guarantee of usage. The quantities are estimated on an annual basis.

ITB-W-1472 CITY OF WARREN Page 11 of 14

PAYMENT TERMS

The City’s normal payment terms are 45 days in connection with cash discounts specified with this bid. Time will be computed from the date of complete delivery of services, supplies, or equipment, as specified, or from the date correct invoices are received in the Office of the City Controller, if the latter is later than the date of delivery. Prices will be considered as net if no cash discount is shown.

Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with the firm's fee bid. Interim billings shall cover a period of not less than a calendar month.

MICHIGAN FREEDOM OF INFORMATION ACT (FOIA)

All costs incurred in the preparation and presentation of this bid, in any way whatsoever, shall be wholly absorbed by the Bidder. All supporting documentation shall become the property of the

City unless requested otherwise at the time of submission. Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under Section 13 of the

Act, which are subject to disclosure under the Act. Therefore, confidentially of information submitted in response to this RFP is not assured.

EQUAL OPPORTUNITY CLAUSE

This contract requires adherence to the equal opportunity clause, 41 CFR § 60-1.4.

EXCEPTIONS TO THE BID SOLICITATION

Each individual/group shall provide a list of Exceptions taken to this bid. Any Exceptions taken shall be identified and explained in writing. An Exception is defined as the individual/group’s inability to meet a mandatory requirement or exceed a requirement in the manner specified in the bid solicitation. If the Bidder provides an alternative solution when taking an Exception to a requirement, the benefits of this alternative solution shall be explained. The City reserves the right to accept or reject any Exception whichever is deemed to be in the best interest of the City.

WITHDRAWAL OF BID

Bidders may withdraw their bids by submitting a written request over the signature of an authorized individual to the Purchasing Department any time prior to the submission deadline. Bidders may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline.

DEFAULT TO CITY

It is understood that any Bidder who is in default to the City at the time of opening its bid shall have its bid declared null and void.

BIDDER DISCLOSURE

The Bidder declares that it has not, nor will it, provide gifts, gift certificates, entertainment, favors, or other gratuities to a City official, employee, agent, or volunteer, or to their families.

The Bidder acknowledges that if it violates this policy then the City may terminate the contract with the Bidder.

ITB-W-1472 CITY OF WARREN Page 12 of 14

INDEMNITY CLAUSE

To the extent permitted by law, the Contractor shall indemnify the City, its officers, employees, agents, and boards and commissions from and against any claim of liability; penalties; damages;

attorney fees; professional advisors’ fees; settlements; or other fees or expenses arising from or in connection with goods provided and services performed under this Invitation to Bid. The

Contractor shall provide the Warren City Attorney’s Office with all documents filed in any proceeding related to this Invitation to Bid in which any of the above-listed people or entities are named.

APPENDIX A OF TITLE VI PLAN

During the performance of this contract, the contractor, for itself, its assignees, and successors, in interest (hereinafter referred to as the “contractor”) agrees, as follows:

1. COMPLIANCE WITH REGULATIONS. The contractor shall comply with Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. NONDISCRIMINATION. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials in the discrimination prohibited by Section 21.5 of the Regulation, including employment practices when the contractor covers a program set for in Appendix B of the Regulations.

3. SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT.

In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

4. INFORMATION AND REPORTS. The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the

State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. SANCTIONS FOR NONCOMPLIANCE. In the event the contractor’s noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the contractor under the contract until the contractor complies and/or

b. Cancellation, termination or suspension of the contract, in whole or in part.

ITB-W-1472 CITY OF WARREN Page 13 of 14

6. INCORPORATION OF PROVISIONS. The contractor shall include provisions of paragraphs (1) through (6) in every subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

SAFETY DATA SHEETS

IMPORTANT: All City purchases require SAFETY DATA SHEETS where applicable, in compliance with the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard.

THE ABOVE GENERAL CONDITIONS ARE CONSIDERED IN FORCE UNLESS SPECIFICALLY ADDRESSED

IN ANOTHER SECTION OF THE BID DOCUMENT

We have read and acknowledge the above GENERAL CONDITIONS

(Signature)

ITB-W-1472 CITY OF WARREN Page 14 of 14

CHECK LIST FOR BIDDERS

MISTAKES OR OMISSIONS CAN RESULT IN THE REJECTION OF YOUR BID.

_____ Is your electronic bid PROPERLY SIGNED on the AUTHORIZED REPRESENTATIVE portion of the BID FORM, AND ALL CLAUSES AS INCLUDED IN THE BID DOCUMENT?

_____ If required, have you entered a unit price for each bid item? (Unit Price governs)

_____ Have you uploaded the complete document via the BidNet (MITN) system with your electronic submission?

_____ Late bids will NOT be considered. Bids must be received by the Purchasing

Division before 12:30 P.M., Wednesday, on the date specified.