ITB-W-1600.pdf

ITB-W-1600.docx Last printed 7/1/2025 9:12:00 AM

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

Warren, Michigan 48093-5289

Phone (586) 574-4639

FAX (586) 574-4614

INVITATION TO BID

ITB-W-1600 JULY 1, 2025

ELECTRONIC BIDS FOR FURNISHING LEAD-BASED PAINT EVALUATION SERVICES FOR THE CITY OF

WARREN COMMUNITY DEVELOPMENT PROGRAM ARE BEING ACCEPTED.

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

BEFORE, 12:30 PM, WEDNESDAY, JULY 16, 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 JULY 16, 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/89123015888?pwd=qQhhnO55UzUJS5eVYmSkCB4va05naJ.1

ZOOM CALL-IN #: 1 646 931 3860

ZOOM MEETING ID: 891 2301 5888

ZOOM MEETING PASSWORD: 659192

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 SHOULD REGISTER FOR NIGP CODES

92658 – Lead and Asbestos Inspection Services

NOTE: For your bid to receive consideration you must include all mandatory submittals (listed on page 6), you must provide all information requested on the bid form, and you must sign and return each page of the bid form (pages 1-33), and the last page of the general conditions (page 18).

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-1600.

Sincerely, Shanah Turner

Assistant Buyer https://cityofwarren.zoom.us/j/89123015888?pwd=qQhhnO55UzUJS5eVYmSkCB4va05naJ.1 http://www.bidnetdirect.com/MITN mailto:sturner@cityofwarren.org

ITB-W-1600 CITY OF WARREN PAGE 2 OF 33

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. Vendor shall complete, sign, and electronically upload the completed bid form onto the MITN system under ITB-W-1600 (pages 1-33).

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 of Warren shall not have access to bid results until after the scheduled due date and time.

5. The bid opening shall be made available to the public via a ”Zoom Meeting”. See Zoom

Meeting information on the first page of this document.

6. 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.

7. The Zoom Meeting Call-in #, ID# and password for this bid opening can be found on the first page of this 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 proposed prices shall be held firm for 120 days or final bid award, whichever comes first, except for the successful respondent whose pricing shall be held firm for the entire length of the contract which shall be for a one (1) year period, commencing on August 26, 2025, or upon the official date of City Council approval, whichever occurs later.

Authorized signature for _________________________________________________________

Price Clause

ESTIMATED QUANTITIES:

Quantities indicated are estimates for bid award purposes. The City has provided the best estimate of quantities and 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

ITB-W-1600 CITY OF WARREN PAGE 3 OF 33

BID PROPOSAL FORM:

The undersigned proposes to furnish LEAD-BASED PAINT EVALUATION SERVICES FOR THE CITY OF

WARREN COMMUNITY DEVELOPMENT PROGRAM, at the prices stated on page five (5) of the bid form

(Pricing Page), in accordance with the attached specification.

GRAND TOTAL (FROM PRICING PAGE 5): $____________________________________

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 WILL 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

(Print name and title of Signature)

COMPANY NAME

ADDRESS CITY STATE ZIP CODE

TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS

WARRANTY (If Applicable)

YEARS IN BUSINESS COMPANY CONTACT PERSON WITH TELEPHONE NUMBER

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-1600 CITY OF WARREN PAGE 4 OF 33

PRICING PAGE

The Pricing Page (page 5) is available as a separate document on the BidNet (MITN) system. Please be sure to complete the Pricing Page, enter company name at the bottom of the pricing page, and submit with your electronic bid.

ITB-W-1600 CITY OF WARREN PAGE 6 OF 33

MANDATORY SUBMITTALS

For your bid to receive consideration from the City, you must include all mandatory submittals listed below and you must provide all information as requested on this bid form.

1. Valid Lead Assessor Certification from the Michigan Department of Community Health.

2. Proof that the Bidder can meet the insurance requirements (only the bidder awarded the contract will be required to provide a certificate of insurance listing the City as additionally insured (see Insurance Requirements on page 4 of this bid form).

3. References (page 11 of this bid form).

4. Proof of registration on System for Award Management (SAM) (https:/www.sam.gov), including Unique Entity ID.

5. Pricing Page 5, which can be downloaded as separate document on the BidNet (MITN) system.

CONTRACT DOCUMENTS

The Contract Documents will consist of the Invitation to Bid, Bid Form, General Conditions, Specifications, Pricing Page, and any addenda to them. The bidders shall thoroughly examine and be familiar with all Contract Documents. The Contract Documents are intended to be cooperative and what is called for by one shall be as binding as if called for by all.

The bidder shall not take advantage of any manifestly unintentional error, omission, or inconsistency should such exist. If one should exist, the bidder must promptly bring the error, omission, or inconsistency to the attention of the City of Warren Purchasing Division.

The failure or omission of any bidder to receive or thoroughly examine all the Contract Documents and any addenda shall not relieve the bidder from any obligation with respect to the bid or to the

Contract nor serve as a basis for the bidder to receive additional compensation.

If any person submitting a bid is in doubt as to the meaning of any part of the Contract Documents, the bidder must contact the City of Warren Purchasing Division for an interpretation by e-mailing

Shanah Turner at sturner@cityofwarren.org. Any interpretations will be in the form of a written addendum which will be posted on the MITN system. Failure of any bidder to receive any addendum will not relieve the bidder from any obligation under his bid as submitted. Any addendum issued will become part of the Contract Documents, and all bids must consider the information provided in the addendum. A bidder who submits a bid without having received a reply to a request for clarification does so at the bidder’s risk. The City may, but is not required to reply to a request, and the failure of the City to reply prior to the bid closing date shall not give rise to any claim, action or proceeding for any damage or loss, nor constitute the basis for an extension of the time to submit the bid or relieve the bidder from any obligation under his or her bid. Requests for Interpretation of the Contract Documents must be received by the City no later than 2:00 PM local time, Thursday, July 10, 2025.

Authorized signature for Contract Documents Clause mailto:sturner@cityofwarren.org

ITB-W-1600 CITY OF WARREN PAGE 7 OF 33

AWARD AND DELIVERY

The lowest qualified bidder will be given preference in awarding the contract. The City reserves the right to award the contract to other than the low bidder, according to its judgment of its best interests. The award of contract will be based on several factors, including the bid price, qualifications, and any other factor that may or may not be advantageous to the City of Warren.

The City reserves the right to accept any bids, to re-bid the Project, to reject any or all bids, and to waive defects or irregularities in any bid. The City reserves the right to re-advertise or cancel the

Project. The City reserves the right to award only a portion of the bid or split the award of bid. The

City may also award to another contractor any extra work or any portion of the Project not included in the agreement.

The actual award of contract will be conducted in accordance with the following procedures:

1. The lowest qualified bidder will receive a Notice of Intent to Award from the City after the

City has examined the competency of the bidder (see below).

2. Within ten (10) business days after receipt of the Notice of Intent to Award, the bidder must deliver the required insurance certificate(s) and the following Section 3 Forms

(included in Appendix A) to the City.

• Contract Worksheet

• Permanent Employee Listing

• Contract Workforce Need Assessment

(If requested, the City will provide guidance in completing the necessary forms.):

3. Failure to comply with these requirements may cause the City to consider the bidder unqualified and the City may award the Project to the next best qualified bidder or the

Project may be re-advertised.

4. The Warren City Council must approve the award of contract. After the required insurance certificate(s) and Section 3 Forms are received, a recommendation to award the contract to the lowest qualified bidder will be sent to the Warren City Council.

5. After the Warren City Council awards the contract, the bidder will be sent a purchase order with the contract documents attached.

6. The City will request the performance of services as needed.

A bid shall not be deemed accepted until it is expressly approved upon adoption of a resolution by the Council of the City of Warren.

for Award and Delivery Clause

ITB-W-1600 CITY OF WARREN PAGE 8 OF 33

COMPETENCY OF THE BIDDER

Bidders will be required to submit satisfactory evidence that they have the practical knowledge and expertise, necessary financial resources, adequate equipment, and experienced and competent personnel and subcontractors to perform the proposed work. The opening and reading of the bid shall not be construed as acceptance of the bidder as a responsible bidder. The City reserves the right to determine the responsibility of a bidder from its knowledge of the bidder's qualifications or from other sources. The bidder is required to provide the City with any requested information or documentation that will assist the City in determining that they, and their subcontractors, are competent and qualified. If information or references requested to document the competency of the bidder are not received within five (5) business days of the request, the bidder will be considered to have abandoned all interests in the award. The contract may then be awarded to the next best qualified bidder or the project may be re-advertised.

Authorized signature for Competency of the Bidder Clause

SUBCONTRACTORS

The bidder is not permitted to subcontract work (exception laboratory analysis of samples collected) called for under the agreement without prior written authorization of the City. Any work performed by a subcontractor that the City has not approved will not be paid for under the provisions of the agreement.

All work performed by a subcontractor must be done in conformity with and be subject to all provisions of the Contract Documents exactly as if performed by the contractor or its immediate employees and laborers. Subletting of the work will in no way diminish or weaken the responsibility of the contractor for all parts of the work or lessen the contractor's obligations and liabilities under the agreement.

Authorized signature

Subcontractor Clause

TIME FOR PERFORMANCE

On site combination lead-based paint risk assessments – paint inspections (initial evaluations) shall occur as soon as possible, with the Contractor scheduling services with homeowners within seven

(7) calendar days of the date of the request to the Contractor by the City. The written report containing the results of the initial evaluation shall be delivered to the City no later than fifteen (15) calendar days after the date of the request. Report may be delivered by e-mail.

Site visits for clearance examinations shall occur within three (3) calendar days of the date requested to the Contractor by the City. The written report containing the results of the clearance examination shall be delivered to the City no later than three (3) calendar days after the date of the clearance examination. Report may be delivered by e-mail. All time limits in this Agreement are of the essence, and the failure of the CONTRACTOR to comply with the stated times may result in termination of this Agreement.

Time of Performance Clause

ITB-W-1600 CITY OF WARREN PAGE 9 OF 33

SECTION 3 CLAUSE

This work is subject to the requirements of Section 3 of the Housing and Urban Development Act of

1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, where feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD housing assistance.

In accordance with the final rule which can be found at 24 CFR part 75 (effective November 30, 2020) the awarded bidder shall track labor hours worked by all workers, total hours worked Section

3 workers, and total labor hours worked by Targeted Section 3 workers (see definitions in Appendix

A) to the greatest extent feasible in compliance with HUD Section 3 requirements. The bidder shall use the Section 3 Forms in Appendix A to document HUD Section 3 requirements.

Authorized signature for ______________________________________________________________

Section 3 Clause

CONTRACT CANCELLATION:

The City reserves the right to cancel this contract or portion of work thereof at any time with thirty

(30) days written notice.

Authorized signature for _________________________________________________________

Contract Cancellation Clause

PAST PERFORMANCE:

Past performance will be a factor in making this award. Site visits of the bidder’s currently serviced

Buildings may be used (at the City’s option) as part of the award evaluation.

OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS:

The contractor at all times, during the term of this contract, shall observe and abide by all Federal, State, and Local laws, which in any way affect the conduct of the work.

ITB-W-1600 CITY OF WARREN PAGE 10 OF 33

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 $500,000 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.

PROFESSIONAL LIABILITY INSURANCE:

Professional liability insurance coverage shall be $250,000.00

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-1600 CITY OF WARREN PAGE 11 OF 33

REFERENCES:

Please list a minimum of three municipalities/companies that your company has provided similar services as those described in this document.

1. Agency: ______________________________________________________ Year: __________

Address: __________________________________________________________________________

Contact Name: _____________________________________ Phone: ______________________

Contact Title: _____________________________________________________________________

Email for Contact: _________________________________________________________________

Describe the Services Performed for this Reference: ________________________________

2. Agency: ______________________________________________________ Year: __________

3. Agency: ______________________________________________________ Year: __________

ITB-W-1600 CITY OF WARREN PAGE 12 OF 33

GENERAL CONDITIONS (Effective March 28, 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-1600 CITY OF WARREN PAGE 13 OF 33

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-1600 CITY OF WARREN PAGE 14 OF 33

SPECIFICATION

Brand names and numbers, when used, are for reference to indicate the character or quality desired, unless specifically stated “No Substitutes”.

Alternate items of the same quality will be considered, provided your offer clearly describes the article. 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.

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-1600 CITY OF WARREN PAGE 15 OF 33

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-1600 CITY OF WARREN PAGE 16 OF 33

INDEMNITY CLAUSE

To the fullest extent permitted by law, the Bidder expressly agrees to indemnify and hold City and its Affiliates harmless against all losses and liabilities arising out of or related to bodily injury or property damages based upon any act or omission, negligent or otherwise, of Bidder or anyone acting on Bidder’s behalf in connection with or incident to the work to be performed hereunder, except that Bidder shall not be responsible to indemnify the City for losses or damages caused by or resulting from the City’s sole negligence.

For the purposes of this indemnity clause, “City” shall mean the City, its Affiliates, and their elected and appointed officials, employees, authorities, boards and commissions and volunteers working on behalf of the City and its Affiliates; “losses and liabilities” shall mean loss, cost, expense, damage, liability or claims, whether groundless or not; “breach, misappropriation or unauthorized use of data” shall mean copyright, patent, trademark or other intellectual property infringement or unauthorized use of license, software, programs, product, manuals or instructions; “personal injury” shall mean false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, discrimination, mental anguish, wrongful entry or eviction, violation of property or deprivation of rights, privileges or immunities secured by the constitution and laws of the United States of America or the State of

Michigan, for which Vendor may be held liable to the injured party in any action at law, suit in equity or other proceedings for redress; “bodily injury: shall mean bodily injury, sickness or disease

(including death resulting at any time there from) mental anguish and mental injury which may be sustained or claimed by any person or persons; and “property damage” shall mean the damage or destruction of any property, including the loss of use thereof.

The Bidder’s obligation to indemnify and hold the City and its Affiliates harmless shall include, but not be limited to (1) the obligation to defend the City and its Affiliates from any such suit, action or proceeding, and (2) the obligation to pay any and all judgments which may be recovered in any such suit, action or proceeding, and/or any and all expenses, including but not limited to costs, attorney fees and settlement expenses which may be incurred.

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.

MICHIGAN LAW TO CONTROL

The Parties intend for this Agreement to be construed in accordance with Michigan law as it exists at the time of this Agreement. Disputes arising out of this Agreement shall be litigated in the State court having jurisdiction over Macomb County, Michigan. If a dispute arises that requires resolution in Federal court, it shall be litigated in the United States District Court for the Eastern

District of Michigan.

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AMERICAN WITH DISABILITIES ACT

Whenever applicable, the Contractor shall perform work in accordance with the American with

Disabilities Act, 42 USC § 12101 et seq, (including corresponding rules, regulations, and design standards), the Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. and City ordinances relating to accessibility.

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.

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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-1600 CITY OF WARREN PAGE 19 OF 33

LEAD-BASED PAINT EVALUATION SERVICE

SPECIFICATIONS

The City of Warren uses Community Development Block Grant (CDBG) and HOME Investment

Partnerships (HOME) funds to offer rehabilitation loans to eligible low-to-moderate income owner-occupants of single-family Warren homes. If the home to be rehabilitated was built before 1978, lead-based paint hazards must be addressed as part of the rehabilitation work.

At this time, electronic bids to perform combination Lead-based Paint Inspections and Lead Hazard

Risk Assessments (evaluations/LIRAs) at approximately thirty-six (36) single-family homes in the City of Warren, Michigan during a one (1) year period are being accepted. Inspections will be requested on an as needed basis and the City cannot guarantee that more than one evaluation will be requested at any time.

Electronic bids are also requested for the performance of clearance examinations at these same homes, if needed. It is anticipated that approximately seventy-five percent (75%), or twenty-seven

(27) of the thirty-six (36) homes will need clearance examinations. Each clearance examination will be requested separately by the City. A considerable amount of time may pass after the evaluation before the clearance examination is requested because of the time required to process loan applications and complete the rehabilitation work. Therefore, it is required that the price quoted for the clearance examination be held firm for twelve (12) months after the evaluation is completed.

Any individual(s) performing these services must be certified by the State of Michigan to perform

Lead-based Paint Inspections and Lead Hazard Risk Assessments, and they must have prior experience with CDBG or HOME funded single-family rehabilitation. References are required. In addition, a copy of all relevant state certifications must be included with the bid.

All services are to be provided in compliance with the Residential Lead-Based Paint Hazard

Reduction Act of 1992 and the implementing regulations of the Department of Housing and Urban

Development (HUD), the Environmental Protection Agency (EPA), the Occupational Health and

Safety Association (OSHA), and any other applicable state or federal regulations as amended. The services requested are to be provided in accordance with the supplemental specifications and definitions listed below.

ITB-W-1600 CITY OF WARREN PAGE 20 OF 33

SUPPLEMENTAL SPECIFICATIONS

COMBINATION RISK ASSESSMENT/PAINT INSPECTION

In addition to all regulatory requirements, the awarded vendor shall:

• Reasonable efforts must be made to test all components, this includes removing and replacing storm windows, if possible, to allow for testing of sash, frames, and other window components.

• Services should only be performed when requested directly by the City. Contractors and/or homeowners are not authorized to request such services.

• The results of this evaluation shall be provided in a written report.

• At a minimum, this evaluation shall include the collection and laboratory analysis of dust wipe samples and one composite soil sample as required by regulation.

• The area of investigation shall include the interior and exterior of the primary residence including all habitable floors, basement (if any), and accessory structures (if any).

• The written report shall include a site plan or map of all structures on the property. The site plan shall include a north arrow. The site plan shall show the location of all interior and exterior windows and doors. The site plan shall indicate the location where each dust wipe sample was taken as part of the initial investigation.

• A table indicating the current function of each numbered room shall accompany the site plan.

• The written report shall include a list of the hazards found and their locations.

• The written report shall include recommended abatement options to eliminate the listed hazards.

• The written report shall include recommended interim control options to reduce the listed hazards.

• The written report shall include a dust wipe sample results table.

• The written report shall include a soil sample results table.

CLEARANCE EXAMINATION

In addition to all regulatory requirements, the awarded vendor shall:

• Services should only be performed when requested directly by the City. Contractors and/or homeowners are not authorized to request such services.

• The results of the clearance examination shall be provided in a written report.

• The written report shall include a site plan or map of all structures on the property. The site plan shall include a north arrow. The site plan shall show the location of all interior and exterior windows and doors. The site plan shall indicate the location where each dust wipe sample (if any) was taken as part of the clearance examination.

• A table indicating the current function of each numbered room shall accompany the site plan.

• The written report shall include a dust wipe sample results table.

• The written report shall include a soil sample results table (if necessary).

ITB-W-1600 CITY OF WARREN PAGE 21 OF 33

DEFINITIONS OF SERVICES

AS FOUND IN THE FEDERAL REGULATIONS 24 CFR PART 35

(LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES)

RISK ASSESSMENT

1. An on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards; and

2. The provision of a report by the individual or firm conducting the risk assessment explaining the results of the investigation and options for reducing lead-based paint hazards.

LEAD-BASED PAINT INSPECTION

A surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

CLEARANCE EXAMINATION

An activity conducted following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and that no soil-lead hazards or settled dust-lead hazards, as defined in 24 CFR Part 35, exist in the dwelling unit or worksite. The clearance process includes a visual assessment and collection and analysis of environmental samples. Dust-lead standards for clearance are found at 24 CFR Part 35.1320.

ITB-W-1600 CITY OF WARREN PAGE 22 OF 33

APPENDIX A

SECTION 3 FORMS

ITB-W-1600 CITY OF WARREN PAGE 23 OF 33

CITY OF WARREN SECTION 3

CONTRACT WORKSHEET

Company Name

Company Address

Project Name

Solicitation Number

Date Submitted

First Submittal After Notice of Intent to Award but prior to Award

Final Submittal with Request for First Payment

INSTRUCTIONS FOR COMPLETING THIS WORKSHEET:

A. List each subcontractor (anticipated or used) and the type of work it is for. List yourself as the general contractor for work you or your employees will perform and for contract supervision.

B. List the dollar value of the subcontracts (the sum must equal the total bid/contract amount).

C. Indicate whether the type of work is Construction (C) or Professional (P). Examples of professional work include but are not limited to: architects, land surveyors, providers of environmental services such as lead-based paint evaluations and asbestos/hazardous material surveys, and providers of payroll services.

D. Indicate whether this contract will be/was awarded to a Section 3 Business Concern. (A certification form for each Section 3 Business Concern must be included with the request for final payment).

DEFINITIONS:

• Section 3 Business Concern – as defined in 24CFR75.5 is a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which is was formed that meets one of the following criteria, documented within the last six-month period:

1. At least 51 percent owned and controlled by low or very low-income persons; or

2. More than 75% of the labor hours performed for the business over the previous 3-month period are performed by Section 3 workers; or

3. At least 25% of the business is owned by public housing residents or Section 8 residents

(either tenant-based or project based).

ITB-W-1600 CITY OF WARREN PAGE 24 OF 33

• Section 3 Worker – means an individual hired within the past 5 years who meets one of the following:

1. Is employed by a Section 3 business Concern as described above; or

2. Is a YouthBuild participant. YouthBuild is a community-based pre-apprenticeship program administered by the U.S. Department of Labor that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.; or

3. The worker’s household income for the pervious calendar year is less than or equal to 80% of the median income (see table below).

• Targeted Section 3 Worker – A worker who meets the definition of a Section 3 worker plus one of the following:

1. A worker employed by a Section 3 business concern

2. A worker who currently fits or, when hired, fit at least one of the following categories, as documented within the past five years:

a. Living within the service area or the neighborhood of the project

b. A Youthbuild participant

(80% of Median Area Income)

Household Size Income Limit Household Size Income Limit

1 $56,600 5 $87,300

2 $64,650 6 $93,750

3 $72,750 7 $100,200

4 $80,800 8 $106,700

ITB-W-1600 CITY OF WARREN PAGE 25 OF 33

Type of Work Name of Subcontractor Dollar Value of

Subcontract

(Estimated for 1st

Submittal. Actual for Final

Submittal)

(C) or

(P)

Section 3

Business

Concern

(yes or no)

Balance of

Contract

General Contractor

Total (Must equal bid/contract amount)

ITB-W-1600 CITY OF WARREN PAGE 26 OF 33

PROJECT LABOR HOURS REPORT

ITB-W-1600

Contractor is responsible for collecting total labor hours data from all contractors and subcontractors it hires to complete the project.