Repairs at Riley Skate Park.pdf

CITY OF FARMINGTON HILLS

DEPARTMENT OF CENTRAL SERVICES

PURCHASING DIVISION

31555 ELEVEN MILE ROAD

FARMINGTON HILLS, MI 48336-1165

www.fhgov.com

PHONE 248-871-2435

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REQUEST FOR PROPOSALS

RFP: #rfp-fh-26-27-2579

ITEM: Repairs at Riley Skate Park

DEADLINE: Wednesday, November 4, 2026, 10:00 a.m. E.S.T.

SITE VISIT: All vendors are highly encouraged to visit the skatepark prior to submitting bid response.

QUESTIONS: For specific questions about the skate park contact Jimmy Vayis at jvayis@fhgov.com or general questions contact Nikki Lumpkin, Senior Buyer at nlumpkin@fhgov.com.

1. SUBMISSION AND RECEIPT OF PROPOSALS

Proposals to receive consideration shall be received prior to the specified time of opening as designated on the bid form. NO LATE PROPOSALS WILL BE ACCEPTED. The City reserves the right to postpone the opening for its own convenience. Bidders shall use the proposal documents furnished as none other may be accepted. Proposals are considered received when in the possession of the Farmington Hills City Clerk. All proposals shall be labeled with the above-identified RFP number, item, as well as the aforementioned deadline date& time and the vendor name and address on the outside of the envelope. Proposals shall be sealed when submitted. Separate proposals shall be submitted for each proposal RFP number and shall be typewritten or written in ink and legibly prepared. Proposals having any erasures or corrections thereon may be rejected unless explained or initialed by the bidder. If you are submitting a “No Bid”, do not follow the above directions but send a letter to the Purchasing Division indicating a “No Bid”. Proposals may be mailed or delivered to City of Farmington Hills, City Clerk’s Office, 31555 Eleven Mile Road, Farmington Hills, MI 48336-1165 before the stated deadline. No faxed or emailed proposals will be accepted. Bids may be submitted electronically via MITN.info by the deadline date and time as well.

2. RESPONSIVE PROPOSALS

All pages of this Request for Proposals document (“RFP”) or “proposal document” and the information requested herein shall be furnished completely in compliance with instructions. The manner and format of submission is essential to permit prompt evaluation of all proposals on a fair and uniform basis. Unless otherwise specified, the

City reserves the right to accept any item in the proposal. Bidders may submit proposals on any item or group of items, provided however, that the unit prices are shown as required. Accordingly, the City reserves the right to declare as non-responsive and reject any incomplete proposal if material information requested is not furnished, or where indirect or incomplete answers or information is provided. Alterations to the written requirements stated in this RFP will negate any response. The City of Farmington Hills promotes “green” technologies and the reduction of waste. When possible, your response should be double sided to reduce paper usage. Other factors including source of supply may be used in award recommendations

3. OFFICIAL DOCUMENTS

The City of Farmington Hills shall accept NO CHANGES to the proposal document made by the Vendor unless those changes are set out in the “Exceptions” provision of the Authorized Version of the proposal document. It is Vendor’s responsibility to acquire knowledge of any change, modifications or additions to the Authorized Version of the proposal document. Any Vendor who submits a proposal and later claims it had no knowledge of any change, modifications or additions made by the City of Farmington Hills to the Authorized Version of the proposal document, shall be bound by the Authorized Version of the proposal document , including any changes, modifications or additions to the Authorized Version. If a proposal is awarded to a Vendor who claims that it had no knowledge of changes, modifications or additions made by the City of Farmington Hills to the Authorized Version of the proposal, and that Vendor fails to accept the award, the City of Farmington Hills may pursue costs and expenses to re-bid the mailto:jvayis@fhgov.com mailto:nlumpkin@fhgov.com

PURCHASING DIVISION

31555 ELEVEN MILE ROAD

FARMINGTON HILLS, MI 48336-1165

Pg. 2 of 30 item from that Vendor. The Authorized Version of the bid document shall be that document appearing on the MITN with amendments and updates. The City of Farmington Hills officially distributes bid documents from the Purchasing

Division or through the Michigan Intergovernmental Trade Network (MITN). Copies of documents obtained from any other source are not considered official copies. Only those vendors who obtain documents from either the

Purchasing Division or the MITN system is guaranteed access to receive addendum information, if such information is issued. If you obtained this document from a source other than MITN, it is recommended that you register on the

MITN site, www.mitn.info and obtain an official copy and any addenda.

4. INTERPRETATION OF BID PROPOSAL AND/OR CONTRACT DOCUMENTS

Any interpretation to a bidder regarding the proposal and/or contract documents or any part thereof is valid only if given by the City’s Purchasing Division staff. Any information given by departmental contacts is unofficial.

Interpretations may or may not be given orally (may be written) dependent upon the nature of the inquiry.

Interpretations that could affect other bidders will be in writing and issued by the Purchasing Division. All inquiries shall be made within a reasonable time prior to the stated deadline in order that a written response in the form of an addendum to this RFP, if required, can be processed before bids are opened. Inquires received that are not made in a timely fashion may or may not be considered.

5. CHANGES AND ADDENDA TO BID PROPOSAL DOCUMENTS

Each change or addendum issued in relation to this proposal document will be on file in the Purchasing Division. It shall be the bidder’s responsibility to make inquiry as to the changes or addenda issued. All such changes or addenda shall become part of the contract and all bidders shall be bound by such changes or addenda.

6. SPECIFICATIONS

Unless otherwise stated by bidder, the bidder’s proposal will be considered as being in strict accordance with the

City’s applicable standard specifications, and any special specifications outlined in the proposal document.

Reference to a particular trade name, manufacturer’s catalogue, or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of the City, and should not be construed as excluding bids on other types or materials, equipment and supplies unless otherwise stated. However, the bidder, 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 proposal. The City reserves the right and discretion to determine if equipment/product or service being bid is equal to the specified equipment/product or service requested.

7. ALTERNATES

Bidders are cautioned that any alternate bid, unless requested by the Purchasing Division, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements or this proposal document, may be considered non-responsive, and at the opinion of the City, may result in rejection of the bid.

8. PRICING

Prices shall be stated in units of quantity specified in this proposal document. In case of a discrepancy in computing the amount of the bid, the unit price will govern.

9. TAXES, TERMS AND CONDITIONS

The City of Farmington Hills & all agencies listed in this RFP are exempt from Federal Excise and State Sales Tax.

Please review The State of Michigan’s REVENUE ADMINISTRATIVE BULLETIN 1999 – 2 for clarification http://www.treas.state.mi.us/lawrules/rabs/1999/rab9902.htm The City’s tax number is 38-6006902. General payment terms are Net 30 days upon receipt of goods (unless otherwise stated below). Cooperative members will provide their tax-exempt status as required by the awarded vendor.

http://www.govbids.com/ http://www.treas.state.mi.us/lawrules/rabs/1999/rab9902.htm

PURCHASING DIVISION

31555 ELEVEN MILE ROAD

FARMINGTON HILLS, MI 48336-1165

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10. QUANTITIES

All quantities stated, unless indicated otherwise are estimates and the City reserves the right to increase or decrease the quantity at the unit price bid as best fits its needs.

11. PROCESS OF REVIEW OF BIDS & AWARD OF CONTRACT

A. To be considered your company must specialize in and have provided the services listed herein as indicated in the specification section. Submit one (1) bid response (PAGES 15-22) in a sealed envelope or box in addition to information requested in Section 39. PROPOSAL INFORMATION. Bids may be submitted electronically via www.MITN.info by the deadline date and time as well.

B. The bid will be awarded to that responsible, responsive bidder whose bid, conforming to this solicitation, will be most advantageous to the City, price and other factors considered.

C. If within the past ten (10) years, the vendor or any of its proposed subcontractors has sued the City of Farmington

Hills, or has been sued by the City of Farmington Hills, with respect to project related claim or issue, the vendor shall not be eligible for consideration.

D. Unless otherwise specified in the document the City reserves the right to accept any item in the bid on an individual basis. Bidders may submit bids on any item or groups of items provided unit prices are clearly shown and a notation is made on the document clearly indicating Bidder's intent.

E. The City of Farmington Hills reserves the right, in their sole and exclusive discretion, to reject any or all bids for any or no reason at all, to not award this contract to any of the bidders for any or no reason, to waive irregularities and/or informalities, and to make the award that in the opinion of the City Council is in the best interest and to the best advantage of the City of Farmington Hills.

12. WITHDRAWL OF PROPOSAL

Proposals may be withdrawn in person by a bidder, or authorized representative, provided their identity is made known and a receipt is signed for the proposal, but only if the withdrawal is made prior to the stated proposal deadline. No proposal may be withdrawn for at least 90 days after proposal opening except the successful company whose proposal may not be withdrawn and prices shall remain firm for all time and through the entire contract period. In case of error by the bidder in preparing a proposal, the Director of the Purchasing Division may, in her discretion, reject such a proposal, provided the bidder submits to the Purchasing Division, prior to the award of contract, a signed letter which sets forth the error, the cause thereof, and sufficient evidence to substantiate the claim.

13. DEFAULT CONDITIONS

In case of default by the contractor, the City of Farmington Hills may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby.

14. INFRINGEMENTS AND INDEMNIFICATIONS

The proponent, if awarded a contract, agrees to protect, defend, and save the City, its officials, employees, volunteers, departments and agents (together referred to as the “City”) harmless against: any demand for payment for the use of any patented material, process, or device that may enter into the manufacture, construction, or from a part of the work covered by either order or contract; and from liability, actions, claims, suits, demands, judgements, expenses or charges of every nature and description brought against the City for, or on account of, any property damage, death, injuries or other damages received or sustained by the persons or parties as a result of any facts or omissions of the contractor or contractor’s employees, or agents.

http://www.mitn.info/

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15. PATENTS, COPYRIGHTS, ETC.

The Contractor shall release, indemnify and hold the City, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor’s use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract.

16. NON-COLLUSION

By signing and submitting its proposal the bidder certifies that the proposal submitted, has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the RFP, designed to limit independent bidding or competition.

17. CANCELLATION

Unless otherwise stated within this request, any Contract entered into in response to this Invitation to Bid, including any extension or amendment of a Contract, may be terminated at any time, with or without cause, with 30 days written notice by the City. The City shall not be responsible to make any further payments for work performed after the effective date of such termination, and shall be responsible only for such work as has been completed and is eligible for payment under the terms of this Contract through the date of such termination.

Termination shall not relieve Contractor of its obligation to provide City with all of the plans and product generated under this Contract through the effective date of termination. Prior to the effective date of any termination or prior to the completion of the work (including any extension of the timing for completion), whichever is the first to occur, Contractor shall deliver to the City all reports, opinions, compilations, research work, studies, data, materials, artifacts, samples, documents, plans, drawings, specifications, correspondence, ledgers, permits, applications, manuals, contracts, accountings, schedules, maps, Jogs, invoices, billings, photographs, videotapes and other materials in its possession or control that is gathered or generated in the course of performing the work or that relates to the work in any way; provided that Contractor may retain a copy of such materials for its files.

18. DEFAULT AND REMEDIES

Any of the following events shall constitute cause for the City of Farmington Hills to declare Contractor in default of the contract: (A) Nonperformance of contractual requirements or (B) A material breach of any term or condition of this contract. Please note the City of Farmington Hills shall issue a written notice of default providing a period of no more than thirty (30) days in which Contractor shall have an opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor’s liability for liquidated or other damages. If the default remains, after the designated period of time to cure, the City of Farmington Hills may do one or more of the following: (A) Exercise any remedy provided by law; (B) Terminate this contract and any related contracts or portions thereof; (C) Impose liquidated and other damages; or (D) Suspend contractor from receiving future bid solicitations.

19. LAWS AND REGULATIONS

Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal, State and City laws, ordinances, codes and regulations.

20. GOVERNING LAW

This procurement and any resulting contract shall be governed by and construed in accordance with the laws of the

State of Michigan. Jurisdiction and venue for any claim, dispute or action concerning this procurement process or any resulting contract shall be in Oakland County, Michigan.

21. ASSIGNMENT/SUBCONTRACT

Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the City of Farmington Hills.

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22. NONDISCRIMINATION

The bidders and contractor agree to abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964

(42 USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by

Executive Order No. 11246, as amended, which prohibits discrimination on basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, or the Americans with

Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. The bidders and contractor further agree to furnish information and reports to requesting agencies, upon request, for the purpose of determining compliance with these statutes. The bidders and contractor agree to comply with each individual agency’s certification requirements, if any, as stated in the additional terms and conditions listed in the solicitation. This contract may be canceled if the contractor fails to comply with the provisions of these laws and regulations. The contractor must include this provision in every subcontract relating to performance of this contract to insure that subcontractors are bound by this provision.

23. SEVERABILITY

If any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

24. FORCE MAJEURE

Neither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. The City of Farmington Hills may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

25. BID PREPARATION COSTS

The City of Farmington Hills is not liable for any costs incurred by the bidder in the preparation or administration of its proposal materials.

26. CONFLICT OF INTEREST

The City of Farmington Hills Code of Ethics prohibits City officials and employees from using their official position to unreasonably secure, request, or grant any privileges, exemptions, advantages, contracts or preferential treatment for themselves or others, and further, requires the reporting of certain financial or other interests held by themselves or their family members in any organization that does business with the City. Consistent with the principles of the

City of Farmington Hills Code of Ethics, and in accordance with applicable federal regulations, no employee, officer or agent of the City shall be permitted to participate in the selection, the award, or the administration of a contract if the employee, officer or agent of the City, or his or her immediate family member or members, or his or her business partner or partners, works for, or has any financial or other interest in any company bidding for the contract.

In order to determine whether your company presents any potential conflict of interest with respect to the award of the subject contract, on a separate piece of paper, please disclose any familial or business relationships you have with any current or former employee, agent, consultant, officer or elected or appointed official of the City of

Farmington Hills, or others who are or have been within the past year, in a decision making position with the City of Farmington Hills, and who may be able to grant favorable treatment with respect to being awarded this contract.

Please disclose the full nature and extent of your relationship.

The City will review the relationship for conflict of interest. If a determination is made that the relationship is contrary to any Federal Regulations your company will be removed from the bid process. Violation of the City’s

Code of Ethics as the result of non-disclosure will be reviewed in accordance with Section 5 of the City of

Farmington Hills Code of Ethics and may result in disciplinary action, and/or termination of the subject contract.

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27. INDEPENDENT CONTRACTOR

The contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind the City of Farmington Hills or the respective agencies to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for the City of Farmington Hills or participating agencies, except as expressly set forth herein.

28. THIRD PARTY BENEFICIARIES

There are no third party beneficiaries to this contract, and nothing expressed or referred to in this contract will be construed to give any person or entity other than the parties to this contract any legal or equitable right, remedy, or claim under or with respect to this contract or any provision of this contract. This contract and all of its provisions and conditions are for the sole and exclusive benefit of the parties named.

29. CITY POLICY ON SMOKING

The bidder, if awarded a contract, agrees to follow the City of Farmington Hills Smoking Policy which states: “The

City of Farmington Hills is dedicated to providing a healthy, smoke free work place for employees, residents and visitors.” To that end; smoking is prohibited in all municipal buildings, in all municipal owned, leased or rented vehicles and within twenty five (25) feet from any municipal building entrance, outdoor air intakes and operable windows. Smoking is permitted in outside designated smoking areas or in personal vehicles. Smokers are responsible for properly disposing of all smoking related litter, which includes cigarette and cigar butts, tobacco, etc.

Disposal of any smoking litter is not permitted on City property except in the provided receptacles.

30. NON-IRAN LINKED BUSINESSES

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

Sanctions Act, being Michigan Public Act No. 517 of 2012; and (3) That I and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

31. PRICES BID

The prices, or costs, in this proposal shall cover the costs of any nature, incident to and growing out of the work and services provided or to be provided. In explanation, but not in limitation thereof, the prices and costs stated in this proposal and contract shall include the cost of everything necessary for or resulting from the performance and completion of this contract in the manner and time prescribed, including without limitation, all of the following: the furnishing of all material, tools, vehicles, equipment, transportation, labor, supervision; all costs on account of loss by damage or destruction of the work performed or the material, tools, vehicles and equipment used in the performance of the work;

all costs due to unforeseen weather, surface conditions, safety precautions, circumstances, situations or difficulties encountered; all money damages, costs and expenses for personal injuries or replacement or repair of damage to vehicles or other property caused, partly or wholly, by the contractor’s defective, improper or negligent performance of the work or services required under this contract; and for all else necessary therefore and incidental thereto.

32. INSURANCE (REQUIRED FOR WORK ON OR WITHIN CITY PROPERTY/FACILITIES)

The contractor, or any of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to o business in the State of

Michigan and acceptable to The City of Farmington Hills. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIR’s are the responsibility of the Contractor.

The Contractor shall procure and maintain the following insurance coverage:

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A. Worker’s Compensation Insurance including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

B. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than

$1,000,000.00 per occurrence and aggregate. Coverage shall include, but not limited to, the following: (A)

Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D)

Broad Form General Liability Extensions or equivalent; (E) Explosion, Collapse, and Underground, if applicable.

C. Automobile Liability including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000.

per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

D. Additional Insured: Policy(ies) and coverages as described above, excluding Workers’ Compensation Insurance, shall include an endorsement stating the following shall be Additional Insureds: The City of Farmington Hills, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Farmington Hills as additional insured, coverage afforded is considered to be primary and any other insurance the City of Farmington Hills may have in effect shall be considered secondary and/or excess.

E. Cancellation Notice: Policy(ies), as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of

Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: City of Farmington Hills, Attention: Mr. Thomas Skrobola, 31555 West Eleven Mile Road, Farmington Hills, Michigan 48336.

F. Proof of Insurance Coverage: The Contractor shall provide the City of Farmington Hills at the time the contracts are returned by him/her for execution a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, a copy of the policy sections, where coverage is provided for additional insured and cancellation notice, may be acceptable. Copies of all policies mentioned above shall be furnished, if so requested.

G. Required liability limits may be obtained by using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary liability policy(ies).

H. If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates, endorsements, and/or policies to City of Farmington Hills at least ten (10) days prior to the expiration date.

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33. GENERAL INFORMATION

A. The City of Farmington Hills is seeking proposals from qualified and experienced contractors to provide repairs to damaged components at Riley Skatepark. The selected contractor shall furnish all labor, materials, equipment, tools, and related services necessary to complete the required repairs in accordance with the specifications and requirements set forth in this RFP.

B. Riley Skatepark is located at 35500 Eight Mile Road in Farmington Hills, MI. The 29,000 square foot all-concrete park is the area's premier hotspot for skateboarders and in-line skaters. The unique design provides elements for skateboarders/in-line skaters of all skill levels, and spectators the opportunity to view the activity in a comfortable park like setting, for free.

C. Please carefully review this document. This document is a Request for Proposal. It differs from a Request for Bid/Quotation in that the City of Farmington Hills is seeking a solution as described herein, not a bid/quotation meeting firm specifications for the lowest price. Proposers are to provide their proposal based on their professional knowledge and developed around the general requirements defined within this proposal. As such, the lowest priced proposed will not guarantee an award recommendation. Competitive sealed proposals will be evaluated based upon criteria formulated around the most important features of the service requested, of which experience, references, or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award.

D. It is the intent of these specifications to provide a general scope that will be in sufficient detail to assure repairs are done to maintain the compressors reliability, design integrity, technical soundness and performance.

E. All equipment and components shall be installed or built in such a manner as to provide adequate clearance for maintenance and service of the unit while not affecting the integrity and performance of the equipment. All equipment shall comply with all Federal, State and OSHA safety and emission Standards.

F. Awarded bidder will schedule work with Jimmy Vayis, Parks Maintenance Supervisor at (248) 704-1673.

34. PROJECT SCOPE

A. All work is in the City of Farmington Hill city limits. Work performed shall be of high quality, in compliance with general accepted standards of workmanship, and in conformity with the Contract Documents.

B. The contractor shall furnish all of the materials and perform all of the work described in the specifications.

i. Repair concrete spalling and patch cracks in concrete surfaces

ii. Pool Coping Repair

iii. Steel Coping and Edging

iv. Crack & Seam Repair

v. Diamond Grind Rough Skatepark Surfaces

vi. Propose idea for sealer to apply to entire park that will withstand Michigan weather extremes, reduce water damage, and provide an ongoing maintenance opportunity for the park.

35. SCHEDULING:

The City desires to have the Work completed as early as reasonably possible, subject to weather conditions and other conditions necessary to properly perform the work. The Contractor shall identify its proposed start and completion dates in its proposal and shall schedule the work to begin at the earliest date that weather and site conditions reasonably permit.

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The Contractor's proposed schedule shall reflect the Contractor's anticipated ability to perform the work based on weather conditions, site conditions, material availability, labor availability, and other factors applicable to the project.

The contractor shall schedule the improvements, such that the least inconvenience is caused to patrons of

Founders Park. The Contractor shall provide a schedule to the City showing the sequence of the repairs.

36. COMPLETION OF WORK:

Following award, the Contractor's proposed schedule shall be reviewed and approved by the City. The approved project schedule, including the approved completion date, shall establish the required completion date for the

Work and shall be incorporated into the Contract.

37. GUARANTEE:

All work shall be done in compliance with all applicable local, State and Federal laws, rules, regulations, zoning ordinances and building codes, as well as M.I.O.S.H.A. guidelines and Americans with Disabilities Act in effect at the time of the project. The proposer shall provide all barricades and other safety equipment, as necessary.

A. The proposer shall provide experienced, capable personnel to direct and complete all services in a manner satisfactory to the City. All services shall be in strict accordance with all applicable codes, the highest quality prescribed by the applicable trade standards and by such specifications as are stipulated by the manufacturer. The proposer shall supervise all workmanship, including that of any subcontractors, to ensure that it is of the highest grade and of quality and according to the best standard practice.

B. The proposer shall take all necessary measures to prevent damage to other areas of the grounds, utilities and buildings adjacent to the worksite. Should damage occur as a result of the proposer’s work, the proposer is responsible for the repair and/or replacement of the damaged area. Otherwise, the City shall repair and/or replace the damaged area and charge the proposer or deduct the amount from the proposer’s payment.

C. Proposer shall store all materials, supplies, and equipment in a neat, orderly, and secure manner so as to maintain a safe and accessible work site and to minimize interference with the progress of the work, the operation of Founders Park, and the safety of park patrons, City personnel, and other authorized persons.

Materials, supplies, and equipment shall be located and maintained in a manner that does not create a hazard or unnecessarily restrict access to areas of the park. Because the work may be performed within an active public park, the Contractor shall maintain the site in a safe and orderly condition throughout the duration of the project.

38. WARRANTY OF WORKMANSHIP AND MATERIALS

The Contractor warrants that all repairs shall be performed in a manner consistent with the intended use of the skatepark and shall be free from defects in workmanship that could create an unsafe condition for users.

A. Warranty Period. The warranty period shall commence on the date of Substantial Completion and shall remain in effect for a period of one year, unless a longer period is required by manufacturer warranty, in which case the longer period shall apply.

B. Manufacturer Warranties. Contractor shall assign to the City of Farmington Hills all applicable manufacturer warranties for materials used in the Work, including but not limited to coatings, sealants, and surface preparation products. Contractor shall assist Owner in enforcing such warranties if necessary.

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C. Correction of Defective Work. During the warranty period, the Contractor shall, at no cost to the City of

Farmington Hills and within a reasonable time after written notice, repair, replace, or otherwise correct any defects in the Work, including, but not limited to:

• Cracking, spalling, chipping, or separation of repaired concrete or other surfaces;

• Delamination or failure of adhesion of repair materials or coatings;

• Premature deterioration or failure of repaired areas under normal skatepark use;

• Peeling, bubbling, scaling, or other failure of applied materials or coatings;

• Separation, loosening, or failure of repaired or replaced skatepark components;

• Surface irregularities, defects, or deterioration resulting from defective workmanship or materials; and

• Any other condition resulting from defective workmanship or materials that compromises the intended use or safe condition of the repaired area.

D. No Limitation of Other Rights. The warranty provided herein is in addition to, and not in limitation of, any other rights or remedies available to Owner under the Contract or applicable law.

39. PROPOSAL RESPONSE REQUIREMENTS

A. Cover Page including contact information

B. Provide a comprehensive list of all services you provide.

C. Provide general information addressing the Scope of Services requested in this proposal..

D. The proposal shall list any and all repairs needed to repair the existing skate park.

E. Detail the process to repair chips/cracks and grind the that may develop in the sealant.

F. The proposal shall identify and rank the required repairs in order of urgency and necessity, prioritizing repairs that address conditions presenting the greatest potential risk to skaters. Prioritization shall consider the safe opening of the park for the upcoming season as well as the continued safety of skaters in future seasons.

G. Provide a brief narrative of your company’s qualifications and experience with similar projects.

H. Provide a timeline for completion of the project. The City of Farmington Hills desires the work to be completed as early in the season as the weather will permit.

I. Provide an alternate schedule if the project must be begin during the summer months.

J. List the names and qualifications of the professionals associated with your firm (that will be working with the City of Farmington Hills), including numbers of years with the firm, experience and training with regard to the solution your company is proposing.

K. Complete and submit the following documents: Bidder Geneal Questionnaire, Legal Status Bidder, Subconsultant Form (if applicable), Non-Iran Lined Business Certification, Pricing Proposal and Authorization of Proposal.

L. Provide your firm's specialized local experience as it relates to this project. If your firm is not local, provide experience with similar projects performed under weather, climate, and site conditions comparable to those in

Michigan.

40. EVALUATION CRITERIA AND SELECTION PROCESS

Proposals will be evaluated based on the following criteria:

A. Project Approach and Methodology (30 points)

• Clarity and thoroughness of the proposed approach

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• Demonstrated understanding of the City's needs and objectives

• Approach to warranty requirements

B. Qualifications and Experience (30 points)

• Experience in providing similar services

• Qualifications of people proposed to perform the services

• Firms Safety Program

• References from previous clients

C. Project Schedule and Timeline (10 points)

• Reasonableness and feasibility of the proposed schedule

• Clear identification of milestones and deliverables

• Allocation of adequate time for City review and feedback

D. Fee Structure (30 points)

• Reasonableness of the proposed fee in relation to the scope of services

• Value of services proposed relative to cost

E. Interview Performance (if applicable) (Optional additional points)

• Quality of presentation

• Responsiveness to questions

• Demonstrated understanding of the City's specific challenges

A selection committee comprised of City staff will review proposals received. At the conclusion of the initial evaluation phase, one or more proposals will be selected for detailed review and evaluation. As part of this detailed review of proposals, the selected firms may be required to make oral presentations of their proposals to the City and will provide an opportunity for firms to clarify the proposals through mutual understanding. The interview performance may be considered as an additional evaluation criterion for final selection.

The City of Farmington Hills reserves the right to reject any or all proposals, and to waive informalities in the proposals or the proposal process. The City will select the consultant that provides the best overall value based on qualifications, approach, schedule, and cost. The lowest-cost proposal may not necessarily be selected if another proposal offers superior qualifications or approach. All respondents, in submitting proposals, concur with this method of award and will not, under any circumstances or in any manner, dispute any award made using this method.

A sample agreement is attached for review. Any exceptions or additions to the agreement must be called out in your response. Please note that taking exception to the agreement in total is not acceptable.

PURCHASING DIVISION

31555 ELEVEN MILE ROAD

FARMINGTON HILLS, MI 48336-1165

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INSTRUCTIONS TO BIDDERS

INDEX

101 Name, Address and Legal Status of the Bidder

102 Bond Requirements

103 Order of Work

104 Sunday and Holiday Work

105 Liquidated Damages

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INSTRUCTIONS TO BIDDERS

101 Name, Address, and Legal Status of the Bidder

The name and legal status of the bidder, whether corporation, partnership, or individual, shall be stated in the Proposal.

A corporation bidder shall give the state in which incorporated, a partnership bidder shall give all the names of the partners. Partnership and individual bidders will be required to state in the Proposal the names of all persons interested therein. The place of residence of each bidder, or the office address in the case of a firm or company, with county and state must be given after his signature.

Authorized Corporate Officer of company, with title, to sign in front of two witnesses and have signatures notarized.

The Bid Form/Contract Document shall be signed by the Bidder, as follows:

A. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign.

Insert the words "Sole Proprietor" under the signature.

B. Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the word

"Partner" under each signature.

C. Corporation: Signature of a duly authorized signing officer(s) in their normal signatures. Insert the officer's capacity in which the signing officer acts, under each signature. If the Bid is signed by officials other than the President and Secretary of the company, or the President/Secretary/Treasurer of the company, a copy of the by-law or resolution of the Board of Directors authorizing them to do so must also be submitted with the Bid Form in the Bid envelope.

102 Bond Requirements

102.01 Bid Security

Each bid must be accompanied by cash, certified check of the bidder, or a bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount of

5% of the bid as a guarantee on the part of the bidder that he will, if called upon to do so, enter into contract in the attached form, to do the work covered by such Proposal and at the price stated therein and to furnish acceptable surety for its faithful and entire fulfillment. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within a reasonable time after the accuracy of all the bids have been determined, and the remaining cash, checks or bid bonds will be returned promptly after the City and the accepted bidder have executed the Contract, or if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. If said bidder shall neglect or refuse to execute a contract, including all required bonds & insurance documents, within fifteen (15) days after written notice by the Owner, the amount of the bid deposit or bond shall be forfeited to the Owner as liquidated damages for such refusal or neglect.

102.02 Labor & Material Bond

The successful bidder shall be required to furnish a Labor and Material Bond in an amount at least equal to

100% of the contract sum as security for payment of all persons performing labor, furnishing materials and equipment rental in connection with this Contract.

102.03 Performance Bond

The bids shall be accompanied by a letter from a surety company satisfactory to the City stating that the necessary bonds will be furnished by it to the Contractor bidding in the event he is successful. The Bidder

Pg. 14 of 30 shall furnish a surety bond in an amount at least equal to 100% of the contract as security for faithful performance of this Contract.

102.04 Maintenance & Guarantee Bond

The successful bidder shall be required to furnish a Maintenance and Guarantee Bond, equal to 25% of the contract sum, for a period of two (2) years from the date of approval of Final Estimate, to keep in good order and repair any defect in all the work done under this contract, either by the principal or his subcontractors.

103 Order of Work

The right to prescribe the order in which the work called for under this Contract is to be done will be retained by the

City.

104 Sunday and Holiday Work

There shall be no construction, regardless of the noise levels, on Sundays and legal holidays. When it is determined that special circumstances exist, or it is in the best interest of the City, allowances may be made to allow construction only in non-residential areas or where there is a threat to public health, safety or welfare. Permission must be given in writing and authorized by the City Manager or the Director of Public Services. A copy of the written authorization shall be forwarded to the Police Department. The contractor/builder receiving the authorization shall keep a copy of the authorization at the construction site.

105 Liquidated Damages

It is expressly covenanted and agreed that time is and shall be considered of the essence of the contract. In the event that the contractor shall fail to perform the entire work agreed to by or at the times herein mentioned or referred to in the

Proposal, or within some other certain date subsequent to this to which the time limit for the completion of the work may have been advanced, the contractor shall pay unto the Owner as and for liquidated damage and not as a penalty, the sum of Five hundred dollars ($500.00) for each and every calendar day that the contractor shall be in default. Said sum of

Five hundred dollars ($500.00) per day, in view of the difficulty of estimating such damages with exactness, is hereby expressly fixed and agreed upon as the damages which will be suffered by the Owner for reason of such defaults. It is also understood and agreed that the liquidated damages hereinbefore mentioned are in lieu of the actual damages arising from such breaches of this contract which said sums the Owner shall have the right to deduct from any monies in his hands otherwise due or to become due to the contractor or to sue for and recover compensation for damages for non-performance of this contract at the time stipulated herein and provided.

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BIDDER’S GENERAL QUESTIONNAIRE

Please give the following information regarding your proposal for this bid (provide additional sheets if more space is needed for your response):

1. Number of years’ experience in this work:______________________________________________________

2. What makes your company better qualified to perform the services listed herein than your competitors:

3. Please give information about your team. Who is our main contact? What is that person’s experience? Etc.

4. Give us an overview of your customer service department? On a scale of 1-10 how would you personally rate your customer service and why?

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5. List three (3) municipalities that you have contracted with for this type of work during the past five (5) years.

Name: ______________________________________ Contact Person: _____________________________

Phone #:_____________________________________ E-mail address: _____________________________

Name: ____________________________________ Contact Person: _____________________________

Phone #:___________________________________ E-mail address: _____________________________

Name: ____________________________________ Contact Person: _____________________________

Phone #:___________________________________ E-mail address: _____________________________

7. Have you ever had a contract terminated except at its expiration date? ______________

a. If so, note when, where and why?

8. Name of your bank and other financial references:

SIGNED: _____________________________________ PRINTED NAME: ________________________________

TITLE: _____________________________________________________ DATE: ____________________________

NAME AND ADDRESS OF COMPANY: (Print or Type)

_________________________________________ZIP CODE: _____________PHONE NO. ___________________

FAX NO. _______________________________________E-MAIL ADDRESS: _____________________________

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LEGAL STATUS BIDDER

Fill out the appropriate section below for your company and strike out the other three. Provide additional sheets if more space is needed for your responses.

Corporation:

State and County in which incorporated: __________________________________________________

Official title of person signing proposal: _____________________________________________________________

Address of signer: _______________________________________________________________________________

Full names, addresses and titles of all the corporation’s directors and officers:

Partnership:

State and County in which established: ____________________________________________________________

Official title of person signing proposal: _____________________________________________________________

Full names, addresses and titles of all partners:

Limited Liability Company (LLC):

State and County in which established: ____________________________________________________________

Official title of person signing proposal: _____________________________________________________________

Full names, addresses and titles of all members and managers of the LLC:

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SUBCONSULTANT

The contractor shall not sublet, assign or transfer the contract or any portion of any payment due the contractor hereunder, without the written consent of the City. If it is the intention of the bidder to use Subcontractor(s) for any of the work called for herein, the respondent shall provide the information required for each Subcontractor, below.

Name of Firm: ____________________________________ Contact Person: ___________________________

Address/City State: _________________________________________________________________________

Phone: ________________________________________ Email: ____________________________________

Brief narrative of the firm’s expertise: ________________________________________________________________

Name of Firm: ______________________________ Contact Person: _________________________________

Address/City State:__________________________________________________________________________

Phone: ______________________________________ Email: _______________________________________

Brief Narrative of the firm’s expertise: ________________________________________________________________

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NON-IRAN LINKED BUSINESS CERTIFICATION

Pursuant to Michigan law before accepting any bid or proposal or entering into any contract for goods & services with any prospective firm, the firm must certify that it is not an “Iran Linked Business”.

By signing below, I certify and agree…