RFP_Demo_CommercialExchange_JCLBA_2025_0123_FNL.pdf

JACKSON COUNTY

LAND BANK AUTHORITY

REQUEST FOR PROPOSAL

WET DEMOLITION OF INDUSTRIAL PROPERTY

Commercial Exchange Property

140 and 150 West North Street and 1000 Hamilton Jackson, Michigan 49202

BID RELEASE DATE: January 23, 2025

• No formal Pre-Bid Walkthrough. Site access for bidding purposes coordinated through Brian Taylor, City of Jackson Chief Building Official, btaylor@cityofjackson.org.

• Questions must be submitted by February 10, 2025. Questions must be submitted via OpenGov.com on the Questions & Answers tab of the project before the Questions Deadline of February 10, 2025.

• Bids are due no later than 10:00 a.m. EST on Friday, February 21, 2025. The City of Jackson Purchasing Coordinator, Kari Kerstetter, will receive bids for the Commercial Exchange Wet Demolition project via the City’s e-Procurement Portal, https://procurement.opengov.com/portal/cityofjackson.

mailto:btaylor@cityofjackson.org https://procurement.opengov.com/portal/cityofjackson i

TABLE OF CONTENTS

JACKSON COUNTY REQUEST FOR PROPOSAL WET DEMOLITION OF INDUSTRIAL PROPERTY

SECTION: PAGE:

1. General Information 1

2. Background 1

3. Scope of Services 2

4. General Requirements 2

5. Specifications 4

6. Terms and Conditions 5

7. Site Inspection Prior to Bid and Proposal Requirements 6

8. Performance Bond 7

9. Payment Terms 7

10. Bid Form – Demolition of Residential Property 8

11. Performance Bond Form 11

12. Non-Iran Linked Business Certification 14

Appendix A – Insurance Requirements 15

Appendix B – Bidder's Checklist 16

Appendix C – Required Federal and State Provisions 17

Attachments 21

Request for Bid Wet Demolition of Industrial Property

140 and 150 West North Street, 1000 Hamilton, Jackson, MI 49202

Section 1: General Information

1.1 The Jackson County Land Bank Authority (hereafter "the LBA") is hereby soliciting proposals from qualified vendors for the demolition of an industrial property located in the city of Jackson, Michigan. The property consists of a fire-damaged portion of an industrial complex to be demolished with asbestos-containing materials (ACMs) in place. The site address is 140 and 150 West North Street and 1000 Hamilton, Jackson, Michigan, and the parcel ID numbers are 8-245800000, 8-246000000, and 8-2439.0100. Please refer to Attachment 1 (Site map with boundary of building demolition), which outlines the fire-damaged portion of the complex slated for demolition.

The Project Site is the entirety of the three parcels with demolition of only the aboveground portion of the fire-destroyed structure primarily present on the 140 West North Street parcel.

1.2 A Hazardous Materials Building Survey report (inclusive of an asbestos survey and hazardous materials survey for disposal considerations; see Attachment 2) was completed on January 24, 2022, by Envirologic Technologies, Inc. (now Fishbeck). The asbestos survey identified multiple ACMs including various flooring materials, base trim, joint compound, sink undercoating, wall tile mastic, aircell and mag pipe insulation with mudded fittings, window glazing, transite and corrugated transite boards, fire door insulation, light heat shield, white cloth-wrapped wiring, and roofing materials. Using professional discretion, limited traditional asbestos abatement measures may be pursued prior to demolition. Any location where traditional abatement can be safely completed should utilize traditional abatement methods prior to demolition. However, significant asbestos abatement is not anticipated.

Due to the fire damage and structural and safety concerns, wet demolition of the building as asbestos-containing is a required scope of work within this Request for Proposal (RFP). Other hazardous materials/universal wastes were evaluated and identified (such as mercury-containing thermostats, compact fluorescent light [CFL] bulbs, smoke detectors, fire extinguishers, lead batteries, etc.). Any of these regulated hazardous materials/universal waste items that can be accessed safely will require removal prior to demolition. Following the fire, the U.S.

Environmental Protection Agency’s contractor completed a post-incident inspection for ACMs (see Attachment 3).

1.3 The selected contractor may subcontract work but will be responsible for all work. Any potential subcontractors for this work must be listed in the Bid, or approved in advance by the LBA, and they will be required to have the appropriate training and licensing, if applicable, commensurate to the scope of work and to provide proof of insurance coverage the same as the General Contractor. The contractor or subcontractor performing demolition activities shall possess an Asbestos Abatement Contractor License.

1.4 The issue date of this proposal is January 23, 2025.

1.5 This RFP includes the following attachments: site map with boundary of building demolition, Hazardous Materials Building Survey report (inclusive of ACM photos), Removal Site Evaluation Report (inclusive of post-fire site photos), Consumers Energy utility disconnection letter, and city of Jackson utility disconnection letter.

1.6 Modifications to this RFP, if any, shall take the form of one or more written addenda. Such addenda shall be considered as part of the original RFP.

Section 2: Background

2.1 The property, located at 140 and 150 West North Street and 1000 Hamilton, Jackson, Michigan, is owned by Commercial Exchange, Inc. This RFP is issued by the LBA under a State Land Bank Authority Blight Elimination Grant utilizing federal funding sources. The industrial complex is located in the city of Jackson. A fire on August 22, 2023, has caused significant fire damage that extends throughout the entire structure, including damage that is believed to impact structural integrity. Traditional asbestos abatement methods prior to demolition are not feasible, at least in a majority of building locations, due to structural and safety concerns. Demolition will be conducted utilizing wet methods, and all demolition debris will go to the landfill as asbestos-containing waste.

The contractor is responsible for confirming required scope of work and any estimates provided in the RFP or its attachments.

Section 3: Scope of Services

3.1 The selected contractor shall be responsible for all elements associated with the safe demolition of the structure, as described in Sections 4 and 5 below. In general, the scope of services includes, but is not limited to:

• Contacting MISS DIG

• Issuing notices pursuant to state requirements

• Securing appropriate permits and inspections

• Cutting and capping natural gas, water, and sewer lines

• Mapping, measuring, and documenting (physical and photo) utility capping

• Coordinating open hole inspections and photographs, regardless of permit requirements

• Demolishing an industrial complex utilizing wet methods for all above-grade portions only of the complex

• Disposal of all demolition debris as asbestos-containing waste, including waste acceptance requirements

• Protecting sidewalks and driveways

All work described in these Specifications will be coordinated through and performed under the supervision of the LBA.

This RFP is only for above-grade demolition to prepare the site for assessment activities. Following completion of above-grade demolition activities, an environmental investigation will be conducted on the property by the responsible party. Subsequently, a separate RFP will be released for below-grade demolition activities. The LBA reserves the right to choose a qualified contractor for the below-grade demolition activities independent of the award of this RFP.

Section 4: General Requirements

4.1 Permits and Notifications. The selected contractor shall be responsible for obtaining all necessary permits required for the project, coordinating any needed inspections, and all associated costs of maintaining applicable permits.

4.1.1 The contractor shall secure a demolition permit issued by the city of Jackson and arrange for any necessary inspections as required pursuant to that permit.

4.1.2 If required, the contractor shall obtain a Soil Erosion and Sedimentation Control (SESC) permit from Jackson County, as well as any other applicable permits that are needed. Regardless, the contractor shall provide filter sacks at all storm drain inlets downslope from the site that water may enter to collect any debris as drains discharge to the Grand River. These filters shall be regularly inspected, cleaned, and maintained so that they function without causing flooding in the streets.

4.1.3 The contractor will be required to submit the Notification of Intent to Renovate/Demolish forms required by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the Michigan Department of Licensing and Regulatory Affairs (LARA) pursuant to the National Emissions Standards for Hazardous Air Pollutants program. The state of Michigan shall be notified a minimum of 10 working days prior to the start of demolition. It is anticipated that the wet demolition of the property with asbestos-containing demolition debris can be handled as a scheduled demolition with the 10-day notification to the state of Michigan.

4.1.4 The contractor shall select an appropriately licensed landfill for disposal of the asbestos-contaminated debris and shall be responsible for securing landfill approvals.

4.2 Utility Disconnection. Natural gas has been disconnected at the main. Water is shut off at the valve box along North Street. Overhead electric is disconnected—see attached documentation. Sewer is not required to be capped unless encountered during demolition activities. Property inspection notes following the fire identified all electrical, mechanical, and plumbing systems were destroyed. It was noted that the utilities to the complex were disconnected due to fire damage. See Attachments 5 and 6 for utility disconnection letters.

4.2.1 The contractor shall be responsible for arranging for the identification of all underground utilities by contacting MISS DIG.

4.2.2 The contractor shall remove all overhead electrical components including power poles, wiring, transformers and other components. These materials shall be properly characterized and either recycled or disposed in accordance with state and federal environmental laws and regulations. These components shall be removed from the Project Area—even if outside the “Area to be Demolished” depicted on Attachment 1.

4.2.3 If encountered, the contractor will cut and cap utility lines at or near the building foundation. The locations of all utility caps shall accurately be depicted on a map along with GPS coordinates. Any utility terminations will be photographed during the open hole stage and then physically marked with a labeled wooden stake after backfilling. The contractor is responsible for mapping, measuring, and documenting utility capping.

4.3 Waste and Landfill Manifests. The contractor shall submit signed copies of all landfill weight tickets and waste manifests or similar documentation to the LBA demonstrating that demolition debris was deposited in a landfill approved for receipt of such materials.

4.4 Time of Work and Completion. The contractor shall commence pre-demolition work (i.e., obtaining permits, filing state notifications, arranging for/verifying disconnection of utilities, etc.) within seven days following receipt of the LBA's Notice to Proceed. The contractor shall commence work activities as soon as feasible following notification waiting periods and complete all work activities by July 31, 2025, unless an alternate schedule is approved by the LBA. The contractor shall not discontinue work for more than five consecutive calendar days without the prior written approval of the LBA. The work to be completed pursuant to this RFP will be scheduled between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No work shall be done between the hours of 6:00 p.m. and 7:00 a.m. including the idling of engines in the "warming-up" process.

4.5 Safety, Security, and Maintenance of Project Site.

4.5.1 The contractor shall be responsible for obtaining all signs, barricades, fences, and the like necessary to warn the public and prevent members of the public from entering the site in such a manner as to risk injury.

To the extent feasible, the contractor may utilize existing fencing. Upon completion of work, the contractor shall remove their fencing, signage, barricades, etc.

4.5.2 The contractor shall be responsible for operating the site in a manner to minimize the risks to its employees while working on the site and the risks associated with its being an attractive nuisance during times when demolition activities have been suspended and the site is not occupied by the contractor or its employees or subcontractors.

4.5.3 The contractor shall not work, store, or operate equipment outside designated work areas without the permission of the LBA.

4.5.4 The contractor's operations shall not interfere with street traffic and shall be conducted to permit access to local residences, businesses, and emergency vehicles.

4.5.5 The contractor shall protect all public and private abutting property from injury or loss and shall defend and save the LBA harmless from all such damages, injuries, and loss occurring because of their work. Photos of pre-existing conditions, including sidewalks, fencing, and adjacent property, shall be taken by the contractor prior to commencement of demolition activities.

4.5.6 The contractor shall be responsible for keeping all dust, debris, and demolished material within the project site except when being transported to the landfill in a covered vehicle. The contractor shall be responsible for keeping dust levels down during all phases of demolition and preventing the tracking of mud off the site. Gravel or truck mats may be employed at truck entrances if needed, and street sweeping will be performed daily or as needed to prevent mud tracking onto public roadways. While no visible emissions should be observed during any demolition activities, it is especially important that demolition of the property as asbestos-containing is using sufficient wet methods and appropriate work practices to prevent the release of asbestos fibers while also preventing any water runoff. The city of Jackson will supply water to the contractor as well as provide a RPZ back flow preventor at no cost to the project.

4.5.7 The contractor shall furnish and maintain all passageways, barricades, guard fences, and lights as necessary to provide for the safety and security of the site. The contractor shall utilize and protect existing fencing as appropriate. The contractor may determine the type of fencing appropriate to secure the work area, but it must be adequate to protect the work area, e.g., no snow fencing, and must be able to be locked.

The LBA, its environmental consultant, and emergency vehicles must have access to the site as needed. The contractor shall provide temporary/portable restroom facilities onsite and handwashing facilities.

4.5.8 The contractor shall assume full responsibility for loss or damage to the site during the entire demolition period resulting from conditions and from all other causes whatsoever, including fire, vandalism, and malicious mischief.

4.6 Irregularities or Changes in Scope of Work. The contractor shall notify the LBA immediately of any irregularities or changes in the scope of the work.

Section 5: Specifications

5.1 This RFP identifies the requirements that are considered the minimum by the LBA. Specific details described within this RFP notwithstanding, it will be the obligation of the selected vendor to adhere to accepted industry standard methods and practices in completing work and to comply with such local, state, and federal laws and regulations as are applicable to this work.

5.2 Asbestos and Universal Waste Removal. The LBA has knowledge of asbestos in the building including various flooring materials, base trim, joint compound, sink undercoating, wall tile mastic, aircell and mag pipe insulation with mudded fittings, window glazing, transite and corrugated transite boards, fire door insulation, light heat shield, white cloth-wrapped wiring, and roofing materials. Please refer to the attached Hazardous Materials Building Survey report for more information.

Fire damage has created structural safety concerns. It is the contractor’s responsibility to determine specific means and methods that comply with all applicable rules and regulations and that are protective of workers and the environment.

The contractor is responsible for personal air monitoring during demolition activities that involve ACMs. The LBA will contract separately with an independent third party to conduct site perimeter air monitoring.

The contractor is responsible for removing any environmentally regulated/universal waste items—such as fluorescent light bulbs and ballasts, fire extinguishers, mercury thermostats, miscellaneous electronics, or other regulated items—that can be accessed safely prior to the start of demolition.

5.3 Lead-Based Paint. The contractor should be aware that a survey for any and/or all potential sources of lead associated with the structure was not completed. All demolition activities must be conducted in compliance with all applicable rules and regulations pertaining to lead, including but not necessarily limited to, Michigan Occupational Safety and Health Administration (MIOSHA) Part 603 Lead Exposure in Construction.

5.4 Demolition. The contractor must demolish the property as asbestos-containing utilizing wet methods and following all applicable regulations and guidance, and the contractor is responsible for disposing of demolition debris as asbestos-containing waste. Using professional discretion, limited traditional asbestos abatement may be pursued prior to demolition. Any location where traditional abatement can be safely completed should utilize traditional abatement methods prior to demolition. However, significant asbestos abatement is not anticipated.

The contractor is responsible for removal of all materials and debris found inside and outside the structure. The contractor shall keep all areas and materials within active demolition adequately wet during all stages of demolition, handling, and removal of material, including weekends, holidays, and days below freezing. While onsite, all waste must be contained and labeled as asbestos debris.

5.4.1 The contractor shall be responsible for not demolishing any more of the building than will be removed each day so as to minimize staged asbestos-containing waste that must remain wet and prevent overnight staging of debris to the extent practical. No large sorting piles of demolition debris will be permitted.

5.4.2 This RFP is for above-grade demolition only. Where building components are attached to subgrade foundation material, the building component shall be cleanly severed as close to the ground surface as feasible. The contractor shall grind down any sharp edges to prevent future injuries. Remaining protrusions shall be painted with bright orange paint to highlight visibility.

5.4.3 No slabs or footings shall be removed; as such, there should be no large-scale excavations. Small excavations for utility capping may occur. These excavations will need to be inspected in the open hole stage, mapped and measured, documented (physical and photo), and properly backfilled with clean fill material, including compaction. The contractor shall provide documentation that the fill material utilized to backfill utility capping excavations is clean (e.g., lab work from material source).

5.4.4 Sidewalks and driveways must be preserved and should be photographed to document condition prior to the commencement of demolition activities.

5.4.5 Demolition of the structure shall include the demolition or removal and proper disposal of any attachments to the structure such as antennas, chimneys, vents, and the like.

5.4.6 Where the building adjoins the neighboring building to the west, the contractor shall install temporary 8-foot-high security fence securely fastened to the building to prevent trespass into the remaining building structure.

5.4.7 There will be a level of supervision by the LBA’s consultant during the demolition process. The consultant’s role is to determine compliance with RFP requirements. Environmental or project questions can be brought to the consultant. However, questions beyond a routine nature should also be addressed to the LBA in writing, and the contractor is ultimately responsible for determining means, methods, and compliance with all applicable rules and regulations.

5.5 Vegetation. The contractor shall remove all trees, shrubs, and other woody plants growing within 6 feet of the building and foundation or otherwise in the way of demolition activities. Stumps of trees shall be ground to surrounding grade level. All other trees and healthy vegetative shrubs should be preserved.

5.6 Site Restoration. Site restoration will not be conducted within the scope of this RFP as below-grade demolition is not part of the scope of work included in this RFP. Below-grade demolition is planned, following an environmental investigation.

Section 6: Terms and Conditions

6.1 The RFP is not an offer of contract. Receipt of a proposal neither commits the LBA to award a contract to any vendor, even if all requirements stated in this proposal are met, nor limits the LBA's right to negotiate in its best interest. The LBA reserves the right to contract with a vendor for reasons other than lowest price.

6.2 Expenses incurred in the preparation of proposals in response to this RFP are the bidder's responsibility.

6.3 No work performed by the contractor that is outside of the scope of this RFP and/or as defined by the vendor's proposal will be reimbursed unless specifically authorized by the LBA in writing.

6.4 The contractor, subcontractors, and their employees shall be considered independent contractors and shall not be deemed employees of the LBA for any reason.

6.5 All proposals are subject to the Michigan Freedom of Information Act. Once bids are opened, the information contained therein becomes freely accessible by the public.

6.6 See Appendix A for insurance requirements. Subcontractors will be required to maintain the same level of insurance.

Section 7: Site Inspection Prior to Bid and Proposal Requirements

7.1 The LBA will not provide a formal opportunity for bidders to inspect the premises. Bidders interested in inspecting the premises will need to coordinate site access by contacting Brian Taylor at btaylor@cityofjackson.org. Extensive fire damage exists in the structure, and the complex has structural safety concerns. Building entry for site inspection will be at the contractor’s risk, and contractors are responsible for providing their own personal protective equipment. The LBA is not proposing access to any unsafe conditions. It is believed that contractor experience, exterior site observations, and provided photos will be sufficient to determine level of effort required to complete the requested scope of work. Therefore, any misunderstanding of the project scope or level of effort required to complete the requested scope of work that comes from a contractor not inspecting the site will not release the contractor from any responsibility outlined within this RFP.

7.1.1 It is advised that a site visit, if conducted, be completed prior to the question due date of Monday, February 10, 2025.

7.2 The following shall be the minimum contents of the proposal: the completed Bid Form (attached below);

identification of subcontractors expected to be retained for the project; a copy of the company’s asbestos abatement contractor license, labeled Exhibit A; the completed Performance Bond Form (attached below); the completed Non-Iran Business Certification form (attached below); and proof of insurance or a letter from the contractor's insurance company indicating insurance can be obtained in accordance with the specific terms identified in Appendix A, labeled Exhibit B.

7.3 Questions regarding this RFP shall be submitted by Monday, February 10, 2025. Questions must be submitted via OpenGov.com on the Questions & Answers tab of the project before the questions deadline.

Responses to questions will be provided to all known prospective bidders on Thursday, February 13, 2025, by end of day.

7.4 Bids shall be submitted by 10:00 a.m. Friday, February 21, 2025.

7.6 Bids submitted may not be withdrawn or modified for 45 days following the date on which they are opened by the County Treasurer (or her designee) unless requested by the LBA or its representative.

7.7 Bids will be evaluated by the LBA during a regular meeting of the LBA held at 3:00 p.m. on Wednesday, March 19, 2025. The meeting is open to the public and will be located at the County Tower Building, 120 W.

Michigan Avenue, 5th Floor (Commission Chambers), Jackson, Michigan 49201. It is anticipated, but not required, that a bid decision will be made at this time.

mailto:btaylor@cityofjackson.org

7.8 Bids will be scored using the following criteria:

Criteria Max. Points

Contractor possesses the appropriate licenses 20

Proposed Site Supervisor Qualifications 20

Completeness of RFP Response 10

Completeness of Described Means and Methods 15

Previous experience with wet demolition projects 10

Cost 25

Section 8: Performance Bond

8.1 A Performance Bond will be required for this project. The contractor must provide the attached Performance Bond Form filled out by a Surety licensed to do business in the state of Michigan stating that the contractor is able to obtain a Performance Bond for one hundred percent (100%) of the Base Contract amount. The contractor will include the cost of the Performance Bond as a separate line item in their bid.

Section 9: Payment Terms

9.1 This project is funded through federal sources of a Blight Elimination Grant administered by the Michigan State Land Bank Authority (SLBA) and through the Jackson County Land Bank Authority (LBA). The SLBA will be reimbursing the LBA after all satisfactory documentation has been received. The contract between the successful bidder and the LBA will be negotiated, in compliance with all county, state, and federal contract requirements, upon bid award. It is anticipated that contractor invoice(s) will be paid in Net 60 terms to allow for documentation review and meeting approvals. Invoicing frequency will be negotiated between the LBA and selected bidder during contract negotiations.

Section 10: Bid Form – Wet Demolition of Industrial Property – 140 and 150 West North Street, 1000 Hamilton

The undersigned hereby declares that the instructions and specifications, including all appendices, have been carefully examined and that the demolition project at 140 and 150 West North Street and 1000 Hamilton, Jackson, Michigan, will be done for the prices set forth in this bid. It is understood and agreed that all bid prices shall remain in effect for at least forty-five (45) days from the date of the bid opening to allow for the award of the bid and that, if chosen, the bid price remains firm. The undersigned bidder further agrees and understands that the county reserves the right to reject any and all bids and the right to waive irregularities or negotiate in the best interest of the county. The LBA reserves the right to contract with a vendor for reasons other than lowest price.

Bidding Company

Address/City/State/Zip

Phone and E-mail

Authorized Representative Name/Title

Signature

Date

Cost to complete the general requirements and scope of work included in the RFP

Above-ground Wet Demolition as Asbestos- Containing and Disposal, inclusive of potential traditional asbestos abatement prior to demolition Bond Total Cost

Project Timeline

Estimated Start (in # of days) after receiving notice of bid award

Length of time to complete full scope of work (in days) Project Timeline Total*

Must be completed prior to July 31, 2025

List subcontractors and the tasks for which they will be used

Additional Questions required to complete Bid Form:

1. How is your company organized (corporation, partnership, etc.) and how long have you been in business? List the name and contact information for the owner, president, managing partner, or CEO.

2. Give a brief summary of the history of the business.

3. Please provide the name and work experience of the project site supervisor you are assigning to this contract.

This supervisor will be the main contact for the LBA and will oversee contract compliance, timeliness, and work quality.

4. List any professional licenses/certifications of the company, subcontractors, or employees assigned to this contract as applicable to this project. Copies of all pertinent licenses and certifications would need to be provided prior to bid award. Note: asbestos training and certification is required for asbestos-containing demolition.

5. Has your company had a similar contract terminated for cause within the last three years? If yes, please explain.

6. Has your company received any violations or citations from any regulatory agency within the last three years?

If yes, please explain.

7. How are claims handled, such as property damage caused by your operation?

8. Please provide the names, phone numbers, and email addresses of at least three construction customers for whom you have completed residential, commercial, or industrial demolitions within the last five years. If possible, these customers should be governmental or public entities. Please include a demolition project as asbestos-containing if the contractor has relevant experience.

9. Please provide detail on the means and methods employed to conduct the safe demolition of the structure as asbestos-containing. Additional pages may be attached if needed.

I hereby state that I have authority to submit this Proposal on behalf of the undersigned. I hereby state that I have not communicated with, nor accepted anything of value from, any official or employee of the County of Jackson or the Jackson County Land Bank Authority regarding this Request for Bids.

This Bid is Presented By:

Company Name Authorized By (Printed Name/Title)

Authorized Signature Date

THIS FORM IS REQUIRED TO BE SUBMITTED WITH THE BID

Section 11: Performance Bond Form

Any singular reference to Contractor, Surety, Project Owner or other party shall be considered plural where applicable.

Contractor (Name and Address):

Surety (Name and Address of Principal Place of Business):

Project Owner

Jackson County Land Bank Authority, 120 W. Michigan Avenue, Jackson, Michigan 49201

CONTRACT

Date (Date of Notice of Award): ________________________________ Amount: ________________________________ Description: Wet Demolition of Industrial Property Commercial Exchange Property 140 & 150 West North Street Jackson, Michigan 49202

BOND

Bond Number: _____________________ Date (Not earlier than Contract Date): _____________________ Amount: _____________________ Modifications to this Bond form: _____________________

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor AS PRINCIPAL SURETY

(Seal) (Seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Attach Power of Attorney for those signatures executing for Surety, certifying authority to bind the Surety as of the date of the Bond:

1. Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Project Owner for the performance of the Contract, which is incorporated herein by reference.

2. If Contractor performs the Contract, the Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1.

3. If there is no Project Owner Default, the Surety's obligation under this Bond shall arise after:

3.1. Project Owner has notified Contractor and Surety at the addresses described in Paragraph 10 below, that Project Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Project Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Project Owner's right, if any, subsequently to declare a Contractor Default; and

3.2. Project Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract.

Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in paragraph 3.1; and

3.3. Project Owner has agreed to pay the Balance of the Contract Price to:

3.3.1. Surety in accordance with the terms of the Contract; or

3.3.2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract.

4. When Project Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions:

4.1. Arrange for Contractor, with consent of Project Owner, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Project Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Project Owner and contractor selected with Project Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Project Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Project Owner resulting from Contractor Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

4.4.1. After investigation, determine the amount for which it may be liable to Project Owner and, as soon as practicable after the amount is determined, tender payment therefor to Project Owner; or

4.4.2. Deny liability in whole or in part and notify Project Owner citing reasons therefor.

5. If Surety does not proceed as provided in paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Project Owner to Surety demanding that Surety perform its obligations under this Bond, and Project Owner shall be entitled to enforce any remedy available to Project Owner.

If Surety proceeds as provided in Subparagraph 4.4, and Project Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Project Owner shall be entitled to enforce any remedy available to Project Owner.

6. After Project Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Project Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Project Owner to Surety shall not be greater than those of Project Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Project Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for:

6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;

6.2. Additional legal, design professional and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

7. Surety shall not be liable to Project Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Project Owner or its heirs, executors, administrators or successors.

8. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within 2 years after Contractor Default or within 2 years after Contractor ceased working or within 2 years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

10. Notice to Surety, Project Owner or Contractor shall be mailed or delivered to the address indicated on the signature page.

11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions:

12.1. Balance of the Contract Price: The total amount payable by Project Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Project Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

12.2. Contract: The agreement between Project Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. Project Owner Default: Failure of Project Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

THIS FORM IS REQUIRED TO BE SUBMITTED WITH THE BID

Section 12: Non-Iran Linked Business Certification

12.1 Pursuant to Michigan law (Iran Economic Sanctions Act, Michigan PA 517 of 2012), before accepting any bid or proposal or entering any contract for goods and services with any prospective vendor, the County must obtain certification from the vendor that it is not an "Iran-Linked Business."

12.2 By signing below, I certify and agree on behalf of the company submitting this form and myself the following:

(1) that I am duly authorized to legally bind the company submitting this proposal; (2) that the company submitting this proposal is not an "IranLinked Business," as that term is defined in Section 2(E) of the Iran Economic Sanctions Act, Michigan PA 517 of 2012; and (3) that I and the company submitting this proposal will immediately comply with any further certifications or information submissions requested by the county in this regard.

Company Name

Authorized Representative

(printed name and title)

Signature Date

Appendix A – Insurance Requirements

The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this attachment. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the County.

1. Workers’ Compensation Insurance: The Vendor shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Vendor shall procure and maintain during the life of this contract Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate combined single limit for Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

3. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, 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 no-owned vehicles, and all fired vehicles.

4. Additional Insured: Commercial General Liability, as described above, shall include an endorsement stating that the following shall be Additional Insureds: Jackson County Land Bank Authority and Fishbeck.

5. Cancellation Notice: Workers’ Compensation Insurance, Commercial General Liability Insurance, and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: Michelle Pultz-Orthaus, City of Jackson Community Development, mpultz@cityofjackson.org.

6. Pollution Liability: Pollution Liability Insurance with a minimum limit of $1,000,000 per aggregate will be required. The contractor or subcontractor shall provide at its own cost any additional insurance which is required by law or which it considers necessary to conduct the requested services.

mailto:mpultz@cityofjackson.org

Appendix B – Bidder's Checklist

Checklist Items

1. Completely reviewed this Invitation to Bid document and understand all requirements. Must return the completed Bid Form and required attachments.

2. Calendar check — bids must be submitted by Friday, February 21, 2025, at 10:00 a.m.

3. Calendar check — optional site visit can be coordinated through Brian Taylor prior to bid submittal. It is advised that a site visit, if conducted, be completed prior to the question due date of Monday, February 10, 2025.

4. Required attachment — Asbestos Abatement Contractor license, labeled Exhibit A.

5. Completed required Bid Form (pg. 8–10) and required attachments make up the Bid Package.

6. Completed required Performance Bond Form (pg. 11–13).

7. Completed required Non-Iran Linked Business Certification form (pg. 14).

8. Required attachment — proof of insurance or proof of insurability from insurance agent, labeled

Exhibit B.

Appendix C – Required Federal and State Provisions

This Exhibit contains the state of Michigan’s obligations as a Recipient of State and Local Fiscal Recovery Funds (SLFRF), and such obligations which pass through to Subrecipients of SLFRF Subawards as defined by 2 CFR 200.1 and 2 CFR 200.331. As a condition of receiving and using SLFRF funds, Subrecipients agree to be bound by, to comply with, and to cooperate with the state to enable its compliance with, all applicable local, state, and federal laws and the terms of this Exhibit.

Those federal and state provisions that are applicable to this Agreement are incorporated into the Agreement as specified below, to ensure that the use of these federal funds complies with SLFRF, Treasury’s Final Rule at 31 CFR Part 35 (January 6, 2022), Treasury’s Overview of the Final Rule (January 2022), and Treasury Guidance on Recipient Compliance and Reporting Responsibilities Version 3.0 (February 28, 2022).

For the purposes of this Exhibit, Subrecipient refers to the Client.

1. The following provisions are incorporated into this Agreement:

A. RECORDKEEPING REQUIREMENTS. Fishbeck, its subcontractors and subconsultants must maintain records and financial documents related to this Agreement until at least December 31, 2031. U.S.

Treasury may request the transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. See generally, 2 CFR 200.334 through 200.338. Fishbeck, and its subcontractors and subconsultants agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (GAO), Treasury’s Office of Inspector General (OIG), and their authorized representatives in order to conduct audits or other investigations.

B. UNIFORM GUIDANCE. Under the Final Rule issued by the U.S. Department of the Treasury (Treasury) referenced at https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, this Agreement is subject to the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (the “Uniform Guidance”) at 2 CFR 200.317 through

200.327. All payments requested under this program should be accounted for with supporting documentation. Fishbeck and its subconsultants and subcontractors should maintain documentation evidencing that the Program Funds were expended in accordance with federal, state, and local regulations.

C. TERMINATION/RECOVERY OF PROGRAM FUNDS. Treasury requires any Program Funds received pursuant to this Agreement, and any attachments that are expended in a manner that fails to comply with SLFRF and all other applicable laws to be returned to Treasury. The State reserves the right to monitor the Subrecipient and their contractors and subcontractors and take such corrective action for noncompliance as it deems necessary and appropriate, including but not limited to, termination of the Grant Agreement and return of Program Funds previously provided thereunder.

D. TERMINATION OF AGREEMENT. Pursuant to the Terms and Conditions for Professional Services Agreement, Subrecipient may terminate this Agreement for cause or convenience upon 10 days’ written notice.

E. COPELAND “ANTI–KICKBACK” ACT (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Subrecipient and Fishbeck are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.

F. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689). A contract or grant award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. All contractors and subcontractors must be vetted for debarment. If debarment action has been taken against the contractor, the contract shall be terminated. If debarment action has been taken against any subcontractor, the contractor shall provide an alternative subcontractor within 10 days of notification. The debarred subcontractor may not work on the project.

G. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 CFR 200.322).

a. As appropriate and to the extent consistent with law, the non–Federal entity should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

b. For purposes of this section:

i. “Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

ii. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

H. CONFLICT OF INTEREST (2 CFR 200.318 and 24 CFR 570.611) No persons who exercise or have exercised any functions or responsibilities with respect to activities assisted, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity,…